Reepu Raj @ Ripu Raj v. The State Of Bihar

Patna High Court Cr.Misc. No.33998 of 2014 (3) dt.02-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33998 of 2014 Arising Out of PS.Case No. -522 Year- 2013 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Reepu Raj @ Ripu Raj, Wrongly mentioned in F.I.R. Reetu Raj Son of Anil Kumar Sinha Resident of Village - Balbhadrapur, P.S. - Samastipur (Muffasil), District - Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-04-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Samastipur (Muffasil) P.S. Case No. 522 of 2013 registered under Section-366A of the Indian Penal Code.

No doubt, the victim happens to be minor at the time of alleged occurrence but from perusal of paragraph-18 of the case diary, it would appear that she was found alone at the door of the temple and admittedly, the statement of the victim has not been recorded u/S 164 of the Cr. P.C. though in her statement recorded u/S 161 of the Cr. P.C., she stated that she was taken away by the petitioner.

Patna High Court Cr.Misc. No.33998 of 2014 (3) dt.02-04-2015 Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Samastipur (Muffasil) P.S. Case No. 522 of 2013 to the satisfaction of learned Additional Chief Judicial Magistrate, Samastipur subject to the conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T