Patna High CourtCR. MISC./42781/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-10-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42781 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== Rahul Kumar S/o Laxman Singh R/o Village-Chilbili, P.S.-Karhagar, DistrictRohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Kudhani P.S. Case No. 07 of 2024, instituted for the offences punishable under Sections 366(A), 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, daughter of the informant was kidnapped by the petitioner. Thereafter, when the informant went to the house of the petitioner to pacify the matter, his family members got infuriated and started abusing and threatened the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that

Patna High Court CR. MISC. No.42781 of 2024(3) dt.24-10-2024 2/3 there is inordinate delay of one week in lodging the FIR. The victim in her statement recorded under Section 164 Cr.P.C. has stated that she herself gone from her house because she was not living happily and her father, uncle and stepmother used to beat her, for which she was in annoyance and left her living house on her own will. The petitioner is in custody since 03.04.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kudhani P.S. Case No. 07 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.42781 of 2024(3) dt.24-10-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T