Rahul Kumar Das @ Rahul Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37306 of 2022 Arising Out of PS. Case No.-352 Year-2020 Thana- BISFI District- Madhubani ====================================================== Rahul Kumar Das @ Rahul Das Son Of Bhogendra Das Resident Of VillageMadhiya, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kr. Bharti, Adv. with Ms. Kumari Shubham, Adv., Ms. Nitu Kumari, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bisfi P.S. Case No. 352 of 2020 lodged under Sections 366(A), 504, 506 and 34 of the I.P.C.

As per the prosecution case, the date of occurrence is on 28.09.2020 about kidnapping of informant's daughter for the purpose of marriage. The allegation is against 5 named accused persons.

Learned counsel for the petitioner submits that the case has been filed against known accused persons for specific

Patna High Court CR. MISC. No.37306 of 2022(3) dt.01-11-2022 2/3 date of occurrence that is 28.09.2020, whereas F.I.R. has been lodged on 09.10.2020. Counsel for the petitioner submits that petitioner is in custody since 06.01.2022, his antecedent is clean and upon recovery, the alleged victim has disclosed in her statement under Section 164 of Cr.P.C. that she has gone with the petitioner with her consent. It has been further submitted that upon medical, the age of the victim is between 17-18 years. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Benipatti, DistrictMadhubani in connection with Bisfi P.S. Case No. 352 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.37306 of 2022(3) dt.01-11-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T