Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50734 of 2019 Arising Out of PS. Case No.-239 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== RAKESH KUMAR S/O Bali Shah Resident of Mithanpura, Ward No. 5, P.S.- Mehsi, District- East Champaran (Motihari), at present residing house of Jimedar Rai Village- Karai, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366(A) of the Indian Penal Code.

The prosecution case in short is that the daughter and niece of the informant left the house for grazing the grass but they did not return.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2018 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

Patna High Court CR. MISC. No.50734 of 2019(3) dt.09-09-2019 2/2 implicated in the present case. Both the victims have been recovered. On recovery, the statement of the victims has been recorded under Section 164 Cr.P.C. in which there is no allegation of sexual or physical abuse alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is 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 7th Additional Sessions Judge, Muzaffarpur in connection with Katra P.S. Case No. 239/18 (Sessions Trial No. 193/2019).

(Sudhir Singh, J) Pankaj/- U T