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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.750 of 2021 Arising Out of PS. Case No.-273 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ROHIT KUMAR @ ROHIT KUMAR PATEL Son of Sri Naresh Patel Resident of Village- Bishunpur Basant, Subhai, P.S.- Hajipur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Sadar P.S. Case no. 273 of 2019 registered under sections 363, 366A and 34 of the Indian Penal Code.

As per allegation in the FIR, the minor daughter of the informant was kidnapped by the four named accused persons including one Rajiv Kumar.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in the course of investigation in the statement of the victim under section 164 Cr.P.C.. It is submitted that on instructions

Patna High Court CR. MISC. No.750 of 2021(3) dt.22-06-2021 2/2 and for oblique reasons, she included the name of the petitioner herein as one amongst the accused person, besides naming coaccused Rajiv and Munna. The said Rajiv Kumar has been enlarged on bail vide order dated 10.11.2020 passed in Cr. Misc. no. 24985 of 2020. The petitioner is in custody since 8.9.2020. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, grant of bail to co-accused Rajiv Kumar and the petitioner having remained in custody for 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case no. 273 of 2019 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hajipur at Vaishali.

(Partha Sarthy, J) Prakash/- U