Patna High CourtCR. MISC./62010/2021bail granted

Raja Kumar v. The State Of Bihar

2022-05-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62010 of 2021 Arising Out of PS. Case No.-172 Year-2017 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== RAJA KUMAR Son of Sanjay Sah Resident of Mohalla - Katahi Pool Sabji Mandi, P.S. Mohammadpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A of the Indian Penal Code.

As per the prosecution case, the 13 year old daughter of the informant disappeared. He states that on inquiry it transpired that the petitioner and one another had a hand in her disappearance.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. wherein she does not name this petitioner. The petitioner is in custody since 2.6.2021 and

Patna High Court CR. MISC. No.62010 of 2021(3) dt.09-05-2022 2/2 has no criminal antecedent. Investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the daughter of the informant having returned unharmed, not having taken the name of the petitioner in her statement under section 164 Cr.P.C. together with the petitioner having remained in custody for 11 months and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Kazi Mohammadpur P.S. Case no. 172 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st (East), Muzaffarpur. (Partha Sarthy, J) Spd/- U T