Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26219 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -AMBA District- AURANGABAD ====================================================== Rahul Kumar S/o Sri Yogendra Singh R/o Village Balia, PS Amba District Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Yogendra Chandra Verma, Sr. Advocate. Mr. Ashok Kumar Singh, Advocate.

For the Opposite Party : Mr. Sri Lakshmi Kant Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 366A/34 and 376 of the Indian Penal Code.

The statement of the victim has been recorded under section 164 of the Cr.P.C., in which, she stated that on 15.05.2015 she was kidnapped by the petitioner and two others and after that she was made captive in a room but after three days of her kidnapping, she was dropped at her village by her kidnappers. She has nowhere stated about the story of rape. No doubt, the petitioner does have some criminal antecedent but having more or less similar allegation, co-accused Dipak Kumar Singh @ Sunny

Patna High Court Cr.Misc. No.26219 of 2016 (2) dt.05-07-2016 2/2 Singh has already been granted privilege of bail by a co-ordinate Bench of this court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO), Aurangabad in connection with Amba P.S. Case No. 40 of 2015. (Hemant Kumar Srivastava, J.) Amit/- U T