Rohit Kumar @ Rohit Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45410 of 2018 Arising Out of PS.Case No. -148 Year- 2017 Thana -ISHAKCHAK District- BHAGALPUR ======================================================
1. Rohit Kumar @ Rohit Kumar Mishra S/o Anju Mishra, R/o Vill.- Saigni, P.S.- Shambhuganj, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shalini, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366/34 of the Indian Penal Code.
Allegation against the petitioner is of kidnapping of the minor daughter of the informant. Statement of the victim girl, recorded under Section 164 Cr.P.C., would reveal that she had voluntarily gone with the petitioner. Though she alleges that she was forcefully taken by the petitioner. Moreover, the parties have entered into a compromise.
Considering the entire facts aforesaid, let the
Patna High Court Cr.Misc. No.45410 of 2018 (4) dt.28-09-2018 P2/ petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Ishakchak Police Station Case No.148 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T