Mithilesh Rai @ Mithlesh Kumar @ Mithlesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34697 of 2020 Arising Out of PS. Case No.-249 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== MITHILESH RAI @ MITHLESH KUMAR @ MITHLESH RAY S/o Dev Narayan Ray R/o Village- Mohani Mahua Gachhi, P.S.- Nanpur, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 363, 366(A)/34 of the Indian Penal Code.

Prosecution case in short is that on 30-07-2018, the informant's daughter went to school as usual but she did not return. It was suspected by the informant that his daughter has been kidnapped.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.34697 of 2020(2) dt.19-01-2021 2/2 petitioner is in custody since 09-07-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case. The victim has been recovered. In her statement recorded under Section 164 Cr.P.C., she has not supported the allegation made in the FIR. She has solemnized marriage with the petitioner as there was love affairs between the victim and the petitioner. The statement of the victim recorded under Section 164 Cr.P.C. is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Nanpur P.S. Case No. 249 of 2018.

(Sudhir Singh, J) A.K.V.//- U T