Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28068 of 2015 Arising Out of PS.Case No. -626 Year- 2014 Thana -KANKARBAGH District- PATNA ======================================================

1. Sujit Kumar S/o Shyam Narain Rajak Resident of Mohalla Navratanpur Mandir, Postal Park, P.S. Kankarbagh, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 5 27-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that there had been communication between the petitioner and the victim girl who has since disappeared. Yet, so far as this petitioner is concerned, he is a student of college at Jalandhar, namely, Punjab Technical University, Jalandhar (Punjab), where he is a student of B. Tech. It is further submitted that the petitioner had been pursuing his study at the said college on the alleged date of occurrence and that he has nothing to do with her disappearance as

Patna High Court Cr.Misc. No.28068 of 2015 (5) dt.27-10-2015 P2/3 he was writing his examination during the aforementioned period. He thus submits that the petitioner has been falsely implicated in connection with the present case.

Learned counsel appearing on behalf of the opposite party No. 2 submits that the girl in fact, had been communicating with the petitioner off and on and that she had been using WhatsApp to communicate with him. He further submits that the petitioner had given the girl a Smart phone so as to facilitate such communications and subsequently, she disappeared under unknown circumstances.

Learned counsel for the State submits that after perusal of the case diary, it has come in Paragraph No. 33 that at the concerned date i.e., 15.11.2014, the call details of the petitioner show that he was outside the State of Bihar.

Considering the aforementioned fact and circumstances and also the fact that he is a student of and has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S. Case No. 626/2014

Patna High Court Cr.Misc. No.28068 of 2015 (5) dt.27-10-2015 P3/3 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T