Rajiv Kumar @ Sunny Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33925 of 2020 Arising Out of PS. Case No.-372 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Rajiv Kumar @ Sunny Raj S/o Gyanchandra Sharma, R/o- Bahadurpur, P.S.- Chandi, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Kankarbagh P.S. Case No. 372 of 2020 registered for offence punishable under sections 365, 366, 366A/34 of the Indian Penal Code.

It has been alleged in the FIR that on 28.05.2020, the daughter of the informant was traceless and the apprehension has been made by the informant that the brother-in-law of his landlord involved in making the girl traceless. A written report has been lodged on 05.08.2020 and accordingly a formal case has been registered.

Learned counsel for the petitioner has drawn attention of this Court to the statement made by the victim under section 164

Patna High Court CR. MISC. No.33925 of 2020(2) dt.29-01-2021 2/3 Cr.PC. in which her age has been shown 18 years and where she has stated that on account of dispute with her mother, she had voluntarily left her house and gone to her Buaa's house situated at Patliputra but when she was returning, the petitioner lifted her in a Scorpio vehicle with intention to marry with her but after some time, she started crying whereupon the persons of the locality reached there to rescue her and then she could save her life and thereafter she was brought to Hilsa Police Station. Learned counsel for the petitioner submits that the statement of victim girl itself shows that she had love relationship with the petitioner. The petitioner is in jail custody since 03.06.2020.

Looking to the entirety of the matter, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 372 of 2020, subject to the condition that one of the bailors of the petitioner shall be his father. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in the similar type of activity in

Patna High Court CR. MISC. No.33925 of 2020(2) dt.29-01-2021 3/3 future, the bail granted to the petitioner will be treated to have been withdrawn and the police will be at liberty to take action against the petitioner in accordance with law. (Shivaji Pandey, J) Mahesh/- U T