Kishor Kumar Rai @ Kishor Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25586 of 2018 Arising Out of PS. Case No.-125 Year-2014 Thana- PHULPARAS District- Madhubani ====================================================== Kishor Kumar Rai @ Kishor Kumar Roy S/o Ramchandra Roy, R/o Vill.- Belha, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 125 of 2014, registered for the offence punishable under Sections 363 / 366(A)/34 of the Indian Penal Code.

The allegation is regarding the accused persons including petitioner herein having kidnapped the victim girl and thereafter, having committed untoward incident with her.

The learned counsel for the petitioner submits that even if the statement of the victim girl under Section 164 Cr.P.C. is to be taken into account, it is apparent that the victim girl has stated that she was taken on a bus to Sakri and thereafter, the petitioner had got down from the bus in between. It is, thus,

Patna High Court Cr.Misc. No.25586 of 2018(3) dt.06-07-2018 2/2 submitted that if the victim girl was taken on a bus, nothing had prevented her from raising alarm. It is submitted that a land dispute is going on between the parties and in order to pressurize the petitioner to enter into a compromise, he has been falsely implicated in the present case. The petitioner is having a clean antecedent and he is languishing in custody since 16.12.2017.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged 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 learned Additional Chief Judicial Magistrate, Jhanjharpur, District-Madhubani in connection with Phulparas P.S. Case No. 125 of 2014.

(Mohit Kumar Shah, J) ajay gupta/- U T