Rahul @ Badal Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60534 of 2017 Arising Out of PS.Case No. -307 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Rahul @ Badal Kumar S/o Sri Bhim Paswan Resident of Moh- Sora Kothi, P.S. Fatuha, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raj Kumari Devi W/o late Raju Paswan R/o Moh. Sora Kothi, P.S. Fatuha, District Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Fatuha P.S.Case NO.307 of 2017 , registered for offences punishable under Sections 366(A) of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor girl of the informant.

Submission of the learned counsel for the petitioner is that she had went on her own sweet-will, which will appear from the statement recorded under Section 164 Cr.P.C. and she has disclosed her age as 19 years.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.60534 of 2017 (5) dt.31-08-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Smt. Savita Rani, J.M. Ist class, Patna City, Patna in connection with Fatuha P.S.Case No.307 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T