Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37904 of 2018 Arising Out of PS.Case No. -180 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Rajesh Kumar S/o Kishori Rai, R/o vill.- Harpur Junaida, P.S.- Motipur, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in Motipur P.S.Case No.180 of 2016 registered for the offence under Sections 323, 341, 364, 379, 504 of the Indian Penal Code.
Petitioner is the informant in this case who has stated that the marriage between him and Madhumala Kumari was solemnized on 25.04.2016 and thereafter they were living as husband and wife. In the morning of 09.06.2016 parents of the girl came to the house of the informant and took Madhumala Kumari with them.
The girl in her statement recorded under Section 164 Cr.P.C. has alleged kidnapping by the petitioner. However, there
Patna High Court Cr.Misc. No.37904 of 2018 (3) dt.12-09-2018 2/2 is no allegation of physical assault or sexual assault against him and girl is major and she has expressed her desire to live with her parents.
It has been submitted on behalf of the petitioner that he has been falsely implicated in this case. He is in jail custody since 07.04.2018 having no criminal antecedent. Considering the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., West Muzaffarpur, in Motipur P.S.Case No.180/16.
(S. Kumar, J) AnilKrSinha/- U