Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46584 of 2021 Arising Out of PS. Case No.-182 Year-21 Thana- GORAUL District- Vaishali ====================================================== RAHUL KUMAR S/O RAM SEVAK MAHTO R/o village- Labhatta, P.S.- Varishnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Goraul P. S. Case No.182 of 2021, instituted for the offences under Sections 363 and 365 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 15.05.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation in the F.I.R. is that the informant alleges that his daughter aged about 15 years is traceless since 3.00 A.M. in the night of 21.04.2021. It is next alleged

Patna High Court CR. MISC. No.46584 of 2021(2) dt.06-01-2022 2/3 that the informant was getting phone calls on his mobile from mobile no.62099862315 and 9572857664 respectively and thus, informant suspects that the caller of the said mobile must have kidnapped his daughter and daughter of his neighbor Nirsan Sah.

The learned counsel for the petitioner submits that the daughter of the informant came back and she gave her statement under Section 164 of the Cr.P.C. where she has stated that she has married Rahul Kumar (petitioner) and Priyanka has married Jitendra, but Jitendra left Priyanka and fled away and that she wants to stay with Rahul Kumar. The learned counsel further submits that the doctor has assessed her age in between 17-18 years.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 15.05.2021, he is a person with clean antecedent, charge-sheet has been submitted in the case and victim has not supported the prosecution case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/-

Patna High Court CR. MISC. No.46584 of 2021(2) dt.06-01-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Vaishali at Hajipur in connection with Goraul P. S. Case No.182 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T