Rakesh Kumar @ Sheomandir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41914 of 2016 Arising Out of PS.Case No. -84 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Rakesh Kumar @ Sheomandir Kumar Son of Bijmal Singh alias Bihari Singh Resident of Village -Nimdihra, P.S- Kargahar, District - Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Sri Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Kargahar P.S. Case No. 84 of 2015, disclosing offences under Section 366(A) of the Indian Penal Code.

Learned counsel for the petitioner has taken me to the statement of the victim recorded under Section 164 of the Cr.P.C., wherein she has stated that she was kidnapped on 13.03.2015. Coming back to the allegation made in the First Information Report, learned Counsel for the petitioner has submitted that the victim was allegedly in her house on 14.03.2015 when she was found by her family members talking on her cell phone. Learned counsel for the petitioner has submitted that there is specific allegation against one Raj Kumar, in the statement of the victim,

Patna High Court Cr.Misc. No.41914 of 2016 (2) dt.21-10-2016 2/2 recorded under Section 164 of the Cr.P.C., but the said Raj Kumar has been granted anticipatory bail by this Court in Criminal Miscellaneous No. 3737 of 2016, vide order, dated 24.06.2016. Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Sasram, District-Rohtas, in connection with Kargahar, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) sunil/-c U T