Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39139 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== GAURAV KUMAR Son of Late Satrughan Sah Resident of Village- Jadhua, P.S.- Town, District- Vaishali, Hajipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Hajipur Town P.S. Case No. 276/2018, instituted for offence under Section(s) 365/34 and 376 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is Devar of victim.

It is alleged by the informant that his wife had gone to her parents house but she did not return. The informant raised suspicion against this petitioner and other accused persons for kidnapping of his wife.

Victim has been recovered. She has given statement under Section 164 Cr.P.C., wherein she has stated that she was taken by her Bhaisur Vikram Sah and two Devar, namely, Vishal and Gaurav to Muzaffarpur. Thereafter she was taken to

Patna High Court CR. MISC. No.39139 of 2019(3) dt.20-08-2019 2/2 Delhi. She has further stated that petitioner committed illegal act with her.

Learned counsel for petitioner has submitted that case has been filed due to earlier dispute between the parties. It is further submitted that victim has filed complaint case before the Chief Judicial Magistrate, Vaishali vide Complaint Case No. 80/2018 against her husband and other family members, wherein she has specifically stated in para 4 that at the instance of her husband she has given statement against the petitioner with wrong allegation.

Petitioner is in custody since 16.01.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 276/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T