Rajiv Kumar @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47140 of 2015 Arising Out of PS.Case No. -80 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Rajiv Kumar @ Raja Kumar, son of Ajay Sah, resident of village- Bariya, P.S.- Gopalpur Rangra, District-Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chittaranjan Sinha, Sr. Adv. Mr. Anirban Kundu, Adv.

Mr. Birendra Kumar, Adv.

For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Rajiv Kumar @ Raja Kumar, in connection with Gopalpur (Rangra) Police Station Case No. 80 of 2014, under Section 376/379/120B of the Indian Penal Code and Sections 3/4 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act .

Perused the above application and materials on record.

Heard Mr. Chittaranjan Sinha, learned senior Counsel for the petitioner, and Mr. Ram Anurag Singh, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.47140 of 2015 (4) dt.29-10-2015 2/3 It is submitted on behalf of the petitioner that the victim and the petitioner had love affairs.

In view of the fact that the accused above-named has been in custody since 10.11.2014 in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Judicial Magistrate, 1st Class, Naugachhia, District- Bhagalpur, in connection with Gopalpur (Rangra) Police Station Case No. 80 of 2014.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.47140 of 2015 (4) dt.29-10-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T