Rahul Kumar @ Rohit @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49879 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Rahul Kumar @ Rohit @ Rahul Son of Pramod Ram Resident of VillageSikandarpur, P.S.- Mojahidpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shri Krishna Sinha For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Mojahidpur P.S. Case No. 36 of 2018 registered for the offence punishable under Sections 363, 366(A), 120B/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the daughter of the Informant along with other co-accused persons named in the FIR.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The girl in her statement under Section 164 of the Cr.P.C has stated that she had gone to the house of his brother at Patna as his mother scolded her for studying. The girl has not levelled any allegation against the petitioner in her statement under Section 164 of the Cr.P.C. Petitioner has got no criminal antecedent and

Patna High Court Cr.Misc. No.49879 of 2018(5) dt.25-10-2018 2/2 is in custody since 07.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Mojahidpur P.S. Case No. 36 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U