Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2774 of 2016 Arising Out of PS.Case No. -84 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Rahul Kumar Son of Raj Narain Rai, Resident of Village - Basudeo Patti, P.S. - Saraiya, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra, Adv. For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 8.

28-07-2016 Heard both sides.

The petitioner apprehends his arrest in Vaishali P.S. Case No. 84/2015, registered for the offences punishable under Sections 363, 364, 366(A) and 34 of the Indian Penal Code. The informant alleged that her younger daughter aged about 14 years was kidnapped while she was going to school. Rameshwar Rai disclosed that petitioner along with other accused persons kidnapped her daughter.

It is submitted that informant is not an eye-witness of the occurrence, Rameshwar Rai disclosed the fact of kidnapping of the girl to the informant. The occurrence took place on 17.03.2015, but the F.I.R. was lodged on 22.03.2015. Similarly situated co-accused namely, Surendra Rai and Manju Devi have

Patna High Court Cr.Misc. No.2774 of 2016 (8) dt.28-07-2016 2/2 already been granted anticipatory bail vide order passed in Cr. Misc. 32389/2015 and Raj Kishore Rai @ Kishore Rai @ Raj Kishore Singh has been granted regular bail vide order passed in Cr. Misc. No. 32454/2015. The case of the petitioner stands exactly on the same footing.

Learned A.P.P. did not dispute the facts.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 84/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T