Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57490 of 2015 Arising Out of PS.Case No. -509 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Ravi Shankar Kumar, son of Upendra Prasad, of village- Fatehpur, P.S.- Akbarpur, in the district of Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Deepak Kumar, Advocate. For the Opposite Party : Mr. Ashok Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Nawada Town P.S. Case No.509/2015 registered under Section 364/34 of the Indian Penal Code.

The accusation is that Raja Kumar, aged about 12 years Son of informant namely Renu Devi was residing at Manas Bharti Residential School, V.I.P. Mohalla, Nawada. When the informant came to meet with her son then School Manager namely Arvind Kumar Singh informed her that her son has left the school on 22.07.2015. Thereafter the informant met with the petitioner, who has also stated about the fleeing of Raja Kumar from the school hostel. The informant raised suspicion about kidnapping of her son

by petitioner Arvind Kumar Singh, under conspiracy. Learned counsel for the petitioner submits that in fact the petitioner being in-charge of hostel, has falsely been implicated in this case. In fact son of informant committed theft of a mobile and cash of Rs. 500/- regarding which, he was queried and slightly assaulted. Later on victim moved to the hostel for tuition but he did not return. Amit Kumar and Shivam Kumar, in their statements under Section 164 Cr.P.C have stated the aforesaid facts. It is further submitted that the petitioner has no criminal antecedent and he is in custody since 31.07.2015 and similarly situated co-accused namely Arvind Kumar Singh has already been granted privilege of bail by a Bench of this Court vide order dated 02.12.2015 passed in Criminal Misc. No.54101 of 2015.

Learned counsel for the State submits that in course of investigation, it has come that the petitioner being in-charge of hostel, assaulted to the victim Raja Kumar on the pretext of committing theft of Rs. 500/- cash and a mobile and while the victim was not in the hostel, prior to reaching of the informant at hostel to meet him but the petitioner, being in-charge of hostel, did not give any information to the informant.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on

furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 509/2015.

(Rajendra Kumar Mishra, J.) Amit/- U T