Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7960 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -SC/ST PS District- BUXAR ====================================================== Rajesh Kumar Son of Rajendra Kumar Resident of Village- Sahiyar, Police Station Simari, District Buxar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Ambika Bhagat (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Buxar SC/ST P.S.Case No. 28/2015, disclosing offences under sections 341, 323, 366A and 504 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act.

Allegation against the petitioner is of kidnapping the daughter of the informant.

Learned counsel, appearing on behalf of the petitioner, at the very outset, has drawn my attention to Annexure 2 to this application, which is a petition filed by the daughter of the informant, who is said to have been kidnapped, wherein she has mentioned that she is living with the petitioner out of her own

Patna High Court Cr.Misc. No.7960 of 2016 (2) dt.08-04-2016 sweet will and she is a major. He further submits that no offence under section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act is made out.

Considering the nature of dispute between the parties and the accusation against the petitioner, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 the Chief Judicial Magistrate, Buxar in Buxar SC/ST P.S.Case No. 28/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U T