Patna High CourtCR. MISC./45867/2019bail granted

Rupesh Durbe v. The State Of Bihar

2019-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45867 of 2019 Arising Out of PS. Case No.-82 Year-2017 Thana- SUIYA District- Banka ====================================================== RUPESH DURBE Son of Late Jaswant Durbe Resident of village- Devasi, P.S.- Katoriya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 366A/34 of the Indian Penal Code. The prosecution case in short is that the accused persons forcibly abducted the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. One of the victim has named this petitioner while another victim has not named the petitioner. This creates doubt on the entire prosecution. The petitioner is

Patna High Court CR. MISC. No.45867 of 2019(2) dt.24-07-2019 2/2 not named in the F.I.R.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Banka in connection with S. Tr. No. 328/2018 arising out of Suiya P.S. Case No. 82/2017. (Sudhir Singh, J) Pankaj/- U T