Ravi Kumar @ Naresh Kumar@Naresh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46080 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- FATUA District- Patna ====================================================== Ravi Kumar @ Naresh Kumar@Naresh Son of Andhi Mochi R/O Vill.- Benipur, P.S.- Salimpur, Dist.- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
Mr. Manish Kumar, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-09-2024 Heard Mr. Manish Kumar, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Fatuha P.S. Case No. 55 of 2024 for the offence punishable under sections 363 and 365 of the Indian Penal Code lodged on 01.02.2024 by the informant, Kanti Devi.
3. As per the prosecution story, the informant alleged that her grand-daughter was found missing since Dussehra last. Accordingly, the FIR against this petitioner.
4. In this case, a girl was recovered and she made a statement under Section 164 of the Cr.P.C. that she willingly married this petitioner who was already married and his wife has no problem to it. She further narrated that she is pregnant
Patna High Court CR. MISC. No.46080 of 2024(3) dt.18-09-2024 2/3 with the child of this petitioner.
5. Learned counsel for the petitioner submits that he has already remained in custody since 02.02.2024 (para 14 to the petition) and do not have criminal antecedent.
6. Learned APP though opposes the prayer for bail but concede that the girl under Section 164 Cr.P.C has not alleged anything wrong against this petitioner.
7. Considering the aforesaid facts, the statement made by the victim girl under Section 164 of the Cr.P.C. as also his period of custody and he do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Patna City, Patna in connection with Fatuha P.S. Case No. 55 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.46080 of 2024(3) dt.18-09-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T