Rajiv Prasad @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34413 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== RAJIV PRASAD @ RAJIV KUMAR Son of Sita Ram Mahto Resident of Mohalla - Ratanpura, Ojha Toli, P.S.- Bhagwan Bazar, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 21.3.2019 in a case registered for the offences punishable under Sections 363,368 and 370 of the I.P.C.

The prosecution case as per the informant F.I.R. is that the informant used to work as a domestic help at the house of the petitioner and she brought her son, Neeraj to work in her place as a domestic help at the house of the petitioner and went to her village. When the informant returned, her son was found missing.

It is submitted by learned counsel for the petitioner that the son of the informant never worked as a domestic help in the house of the petitioner rather he was working in the house of petitioner's brother-in-law at Dhanbad. It is further submitted

Patna High Court CR. MISC. No.34413 of 2019(2) dt.27-05-2019 2/2 that the investigation has already been concluded. The petitioner is an employee of Indian Railways and there is no documentary proof with regard to the informant's son working at the house of the petitioner as a domestic help. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioner in the FIR.

Considering the fact that the investigation has already been concluded, the period in custody coupled with the fact that the petitioner is not having any criminal antecedent coupled, let the petitioner above named 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 the learned CJM, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No.118 of 2018.

(Dinesh Kumar Singh, J) anil/- U