Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64364 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== RAKESH KUMAR Son of Late Rama Prasad @ Late Ramanand Modanwal Resident of Village - Khadda Bazar, P.S.- Hanumanganj, Distt.- Kushinagar, Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

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

As per the prosecution case, it is stated by the informant that her minor daughter was taken by his cousin (phuphera brother) the petitioner herein. Inspite of search, she was not to be found.

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 has not made any statement about any maltreatment by the petitioner or any

Patna High Court CR. MISC. No.64364 of 2021(3) dt.10-05-2022 2/2 other person. The petitioner is in custody since 23.8.2020 and 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 contents of the statement under section 164 Cr.P.C and the petitioner having remained in custody for more than 1 year 7 months, the petitioner is directed to be enlarged on bail in connection with Chautarwa P.S. Case no. 108 of 2020 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 Addl. Chief Judicial Magistrate I, Bagha, District West Champaran.

(Partha Sarthy, J) Spd/- U T