Rupesh Kumar @ Rupesh Pandey @ Rupesh Pande v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.710 of 2021 Arising Out of PS. Case No.-395 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== RUPESH KUMAR @ RUPESH PANDEY @ RUPESH PANDE UNDER GUARDIANSHIP OF FATHER NAMELY AKHILESH PANDEY RESIDENT OF VILLAGE- SURATPUR, P.S.- DORIGANJ, DISTRICTSARAN (CHHAPRA). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ramakant Yadav, Advocate For the Opposite Party/s :

Mr. Atul Chandra, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 01.01.2021, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Koilwar P.S. Case no. 395 of 2019, registered under Section 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The accusation is that in course of returning from coaching class, the daughter of informant Mithlesh Singh

Patna High Court CR. MISC. No.710 of 2021(2) dt.26-08-2021 2/3 Yadav, aged about 16 years, was kidnapped by Raja Kumar with the help of Rupesh Pandey (Petitioner) and Vikash Kumar @ Sipahi.

Learned counsel for the petitioner submits that after lodging the present case, daughter of informant was recovered, who gave her statement under Section 164 Cr.P.C. to the effect that she had left her parental house and reached at Chapra from where she moved along with Raja Babu for Delhi. After two days, both went to Haridwar, where she performed marriage with Raja Babu in Mansa Devi temple. Further submission is that considering aforesaid statement of the victim, the co-accused Vikash Kumar @ Sipahi has been granted privilege of pre-arrest bail by this Court on 22.06.2021 passed in Criminal Miscellaneous No. 33420 of 2020. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Bhojpur, Ara in connection with Koilwar P.S. Case No.

Patna High Court CR. MISC. No.710 of 2021(2) dt.26-08-2021 3/3 395 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T