Rupesh Kumar @ Rupesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54472 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- SUHAIL District- Gaya ====================================================== RUPESH KUMAR @ RUPESH S/o Binod Paswan R/o village- Sohaiya Pakri, Tola- Salaiya, P.S.- Sohail, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Suhail Police Station Case No. 10 of 2021, registered for the offences punishable under Sections 363/366-A/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, along with other accused persons, have allegedly abducted the minor daughter of the informant. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case without any basis and he has not committed any offence in the manner alleged. He next submit that from perusal of the impugned

Patna High Court CR. MISC. No.54472 of 2021(2) dt.13-05-2022 2/3 order, it would be evident that the victim girl has been recovered and her statement was recorded under Section 164 of the Code of Criminal Procedure, in which she has not stated anything against the petitioner and has also denied the allegation of kidnapping and the victim girl was also not subjected to sexual abuse by the petitioner. He further submits that the petitioner is in custody since 05.05.2021, having no criminal antecedent and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure and the fact that charge sheet has already been submitted and the petitioner is in custody since 05.05.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya, in

Patna High Court CR. MISC. No.54472 of 2021(2) dt.13-05-2022 3/3 connection with Suhail Police Station Case No. 10 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √