Rakesh Rai @ Chhathu Rai @ Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6101 of 2017 Arising Out of PS.Case No. -170 Year- 2012 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== RAKESH RAI @ CHHATHU RAI @ RAKESH KUMAR RAI, son of late Sudama Rai, resident of village Bharkhar, P.S. Mohaniyan, District- Kaimur at Bhabhuyan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Dinara P.S. Case No. 170 of 2012 instituted for the offence under Section(s) 366, 366(A) of the Indian Penal Code. It has been submitted by the petitioner that the victim girl has gone with the petitioner voluntarily which fact has also been supported by the victim girl in her statement recorded under Section 164 Cr.P.C.

It is alleged in the written report that this petitioner has kidnapped the minor daughter of the informant Uttam Kumari aged about twelve years. The victim girl has got recorded her statement under 164 Cr.P.C after her recovery where

Patna High Court Cr.Misc. No.6101 of 2017 (2) dt.17-02-2017 2/2 she has stated that she has gone with this petitioner voluntarily and she has also established physical relationship with this petitioner voluntarily. The victim girl has stated that she was not kidnapped. It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dinara P.S. Case No. 170 of 2012, he shall be released on anticipatory 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, Rohtas (Camp Court), Bikramganj, subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sanjay Priya, J) Shageer/- U T