Patna High CourtCR. MISC./40194/2015bail granted

Rupesh Kumar @ Tunna v. The State Of Bihar

2015-10-13Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.40194 of 2015 (4) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40194 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -SANGRAMPUR District- MUNGER ====================================================== Rupesh Kumar @ Tunna Son of Arun Mandal resident of village - Rampur, Police Station - Sangrampur, District - Munger .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjiv Kumar Singh For the Opposite Party : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 31.03.2015 in a case instituted under Section 366A/34 of the Indian Penal Code. As per allegation, it is a case of abduction of informant's daughter, namely, Pratibha Kumari, aged about 15 years by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. The victim girl in her statement under Section 161 Cr.P.C. has admitted that she has married to the

Patna High Court Cr.Misc. No.40194 of 2015 (4) dt.13-10-2015 petitioner with her own will though subsequently after getting into the custody of her parents she has retracted from the said statement under Section 164 Cr.P.C. Petitioner has falsely been implicated in the present case. Further in the medical examination, the age of the victim girl is assessed as 18 to 19 years. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Munger in connection with Sangrampur P.S.Case No.32 of 2015, G.R No.566 of 2015.

(Sudhir Singh, J) B.Kr./- U T