Amit Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44524 of 2016 Arising Out of PS.Case No. -137 Year- 2012 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Amit Rajak, Son of Sri Suresh Rajak, residents of Village Gandhinagar, Nagarpada, P.S. Nagar Dumka, District- Dumka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kotwali (Barari) P.S. Case No.137 of 2012 registered under Sections 363 and 366 of the Indian Penal Code.

The allegation of the informant Kamlesh Kumar is that the petitioner used to visit his house and allured his wife Namita Kumari and his son Naitik Rajveer with the help of his brothers, namely, Manoj Rajak and Raju Rajak.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner is the cousin brother of the wife of the informant, who is teacher in Government Primary School in village-Rampur. Due to relation, the petitioner used

Patna High Court Cr.Misc. No.44524 of 2016 (4) dt.19-12-2016 2/2 to visit the house of the informant but the petitioner, who is cousin brother of the wife of the informant, has falsely been implicated in this case with the allegation of kidnapping of the wife of the informant and his son. Further submission is that in course of investigation, it has come in paragraph-241 of the case diary that this petitioner is cousin brother of the wife of the informant and the petitioner has already performed his marriage from before. Except suspicion, there is nothing against the petitioner to connect him in commission of the alleged offence. Moreover, the co-accused Manoj Rajak and Raju Rajak have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 26.07.2016 passed in Criminal Misc. No.28557 of 2016.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Barari) P.S. Case No.137 of 2012, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T