Shashi Kumar @ Shashi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70064 of 2021 Arising Out of PS. Case No.-469 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Shashi Kumar @ Shashi Kumar Yadav, Son of Jai Prakash Rai @ Tutu Rai, Resident of Village - Kanauzi, Police Station - Gopalpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Shankar Sinha,Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

In the present case, the petitioner seeks bail in connection with Ramkrishna Nagar P.S. Case No. 469 of 2019 registered for the alleged offences under Sections 363/376 of the Indian Penal Code.

As per prosecution case, the minor daughter of the informant went missing. Later on, she was recovered and the name of the petitioner transpired along with other co-accused persons who were instrumental in taking away the daughter of informant and the co-accused Vikas Yadav allegedly raped her. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.70064 of 2021(3) dt.10-10-2022 2/3 case. The victim girl recorded her statement under Section 164 Cr.P.C. and though she named this petitioner but no overt act has been attributed to the petitioner except that he along with other co-accused used to give threat to her on phone not to name them before police. It is also apparent from the aforesaid statement that the petitioner was not present at the time of occurrence. Moreover, allegations are general and omnibus against this petitioner and other co-accused persons except co-accused Vikas Yadav and there is no cogent evidence against this petitioner. Having realized the fact, a compromise has been entered into by the parties and a compromise petition has been filed before the learned trial court.

Moreover, no offence under Section 376 IPC is made out against this petitioner for which allegation is specific against co-accused Vikas Yadav. Similarly placed coaccused Shivam Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 01.06.2020 passed in Cr. Misc. No. 10364 of 2020. The petitioner is in custody since 12.09.2021 and charge sheet has been submitted. Learned A.P.P. opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that the allegations against the petitioner, as it transpires from the

Patna High Court CR. MISC. No.70064 of 2021(3) dt.10-10-2022 3/3 statement under Section 164 Cr.P.C. of the victim girl, are not serious and similarly placed co-accused has been granted bail and also considering the submission of charge sheet and the period of custody of the petitioner, he is directed to 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 learned Additional Chief Judicial MagistrateXIII, Patna, in connection with Ramkrishna Nagar P.S. Case No. 469 of 2019, subject to the conditions mentioned in Section 437

(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T