Lekhraj @ Hippi @ Happy v. The State Of Bihar

Patna High Court Cr.Misc. No.46623 of 2015 (3) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46623 of 2015 Arising Out of PS.Case No. -184 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Lekhraj @ Hippi @ Happy Son of Pramod Prasad Resident of village - Kaswan, Police Station - Paras Bigha, District - Jehanabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Choubey Jawahar For the Opposite Party : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2015 Heard the counsel for the petitioner, informant and counsel for the State.

The petitioner is languishing in jail since 05.08.2015 in a case instituted under Sections 363 and 366(A) of the Indian Penal Code.

As per prosecution case, it is a case of abduction of informant's daughter, namely, Sushma Kumari by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.08.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. Petitioner is not named in the FIR.

Patna High Court Cr.Misc. No.46623 of 2015 (3) dt.16-12-2015 From perusal of paras 56 and 65 of the case diary, it would appear that there was some love affair between the petitioner and the victim. Subsequently, the victim went to Delhi to pursue his study and in his absence, the victim had committed suicide. The petitioner was not present on the alleged date of occurrence.

On behalf of the State and the counsel for the Informant, it has been submitted that the petitioner is not named in the FIR and his name has come in course of investigation. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rashmi Prasad, Judicial Magistrate, Ist Class, Hilsa, Nalanda in connection with Chandi P.S.Case No.184 of 2015.

(Sudhir Singh, J) B.Kr./- U T