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Patna High CourtCR. MISC./1191/2018bail granted

Ritesh Kumar Rai @ Ritesh Rai v. The State Of Bihar

2018-02-01Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1191 of 2018 Arising Out of PS.Case No. -82 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Ritesh Kumar Rai @ Ritesh Rai S/o Kamaldeo Rai, R/o Village- Nikhati Khurd (Parsurampur), P.S.- Raghunathpur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan B.P. No. 1077 of 2017 arising out of Raghunathpuir P.S. Case No. 82 of 2017, registered under Sections 364, 365/34 of the Indian Penal Code.

The prosecution case as lodged on the basis of written application dated 09.05.2017 is that the mother of the informant Poonam Kumari received information on mobile from petitioner to collect Rs. 30,000/- which was given by Poonam Devi to Kamaldeo Rai as loan and she went to collect the same on 02.5.2017 but did not return thereafter and inspite of all efforts, she could not be traced, as such, she apprehends that accused

Patna High Court Cr.Misc. No.1191 of 2018 (3) dt.01-02-2018 2/2 persons have kidnapped her.

Learned counsel for the petitioner submits that victim, Poonam Devi has stated in her statement under Section 164 of Cr.P.C. that petitioner took him at various places and kept her with him meanwhile, her daughter lodged the F.I.R. and both were brought by police to Siwan and no case of kidnapping is made out. It is also submitted that the petitioner has no criminal antecedent and he is in custody since 10.08.2017.

Having considered the facts and circumstances, let the petitioner, Ritesh Kumar Rai @ Ritesh Rai , named above, 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 Chief Judicial Magistrate, Siwan in connection with Raghunathpur P.S.Case No. 82 of 2017. (S. Kumar, J) Sudha/- U T