Patna High CourtCR. MISC./24466/2015bail granted

Rahul Kumar v. The State Of Bihar

2015-09-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24466 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -DHOLBAJJA District- BHAGALPUR ====================================================== Rahul Kumar, son of Mithilesh Prasad Singh, resident of village- Milltola, Navgachia, P.S.-Navgachia, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 23-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dholbajja P.S. Case No.33 of 2014 registered under Section 365 of the Indian Penal Code.

The allegation is that Sajan Kumari, the daughter of the informant, Narayan Sharma, Chandni Kumari, Rinki Kumari and Nisha Kumari, had gone to the School but they did not return. Learned counsel appearing on behalf of the petitioner submits that it would appear from paragraph-39 of the case diary that all the victims have stated about moving to the house of the petitioner, Rahul Kumar, according to their own sweet will and

Patna High Court Cr.Misc. No.24466 of 2015 (3) dt.23-09-2015 2/2 now, they returned to their house. The only allegation against the petitioner is that he being the maternal uncle of the co-accused, Rupesh Kumar, on his instruction, accompanied the girls to the house of Rupesh Kumar. Except that, there is nothing against the petitioner to connect him in the commission of the alleged offence. It is further submitted that the co-accused, Rupesh Kumar, has already been granted bail by a bench of this Court vide order dated 26.02.2015 passed in Criminal Misc. No.8057 of 2015. The petitioner having no criminal antecedent is in custody since 09.03.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Navgachiya, Bhagalpur, in connection with Dholbajja P.S. Case No.33 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T