Suresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47422 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- PARIHAR District- Sitamarhi ====================================================== SURESH RAI Son of - Late Ramsogarath Rai Resident of Village - Manikpur Musharniyan (Khoparahia), P.S. - Parihar, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritesh Kumar Narain Singh, Adv.
For the State :
Mr. Madhura Nand Jha, APP For the Informant : Mr. Hans Lal Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A of the Indian Penal Code.
As per the prosecution case, the minor daughter of the informant was kidnapped by the accused persons including the petitioner herein.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The cause of false implication of the petitioner is that he happens to be the Phupha (brother-in-law of the father) of Vikash Kumar Rai. The petitioner is in custody since 4.4.2021 and he will always
Patna High Court CR. MISC. No.47422 of 2021(4) dt.24-03-2022 2/2 cooperate in the investigation in the case. He has no criminal antecedent and chargesheet has been submitted in the case. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is named in the F.I.R. in the kidnapping of the 13 year old daughter of the informant and the said minor victim has still not been recovered. Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegation and the minor victim having still not been recovered, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
In view of the facts of the case, the Superintendent of Polie, Sitamarhi is directed to take all possible steps for recovery of the victim as also proceeding against all the accused persons.
(Partha Sarthy, J) Saurabh/- U T