Ravindra Kumar @ Ravindra Singh @ Laxman Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40284 of 2016 Arising Out of PS.Case No. -174 Year- 2014 Thana -RIGA District- SITAMARHI ====================================================== Ravindra Kumar @ Ravindra Singh @ Laxman Singh, son of Mahendra Singh, resident of Ramnagar, P.S.- Riga, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Riga P.S. Case No. 174/14 for offences alleged under Sections 363, 366-A, 364-A, 372, 34 of the Indian Penal Code. Allegation is that petitioner along with others kidnapped the minor daughter of the informant either for prostitution or for ransom.
It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He submits that the victim girl had love affair with one Sonu Kumar, who and all his family members have been made accused and the petitioner has been made accused only on the basis of previous enmity. He submits
Patna High Court Cr.Misc. No.40284 of 2016 (2) dt.19-10-2016 2/3 that he has no concern with the informant's family or the family of Sonu Kumar and has been named because he is a witness to Riga P.S. No. No. 100/08 registered against the present informant. He further submits that the petitioner has no criminal antecedent, as is evident from paragraph 3 of this petition and the daughter of the informant has eloped with co-accused Sonu Kumar with whom she had love affair and they are living a happy married life. It has further been submitted that the First Information Report has been lodged after a delay of about 45 days and no plausible explanation has been given for such delay.
However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since the petitioner has no criminal antecedent and that the First Information Report has been lodged after much delay without giving any plausible explanation, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Riga P.S. Case No. 174/14, subject to the
Patna High Court Cr.Misc. No.40284 of 2016 (2) dt.19-10-2016 3/3 conditions as laid down under Section 438(2) Cr.P.C. It is however, made clear that the petitioner will cooperate with the investigation and appear before the police/ court as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J.) Rajesh/- U T