Ravi Kishan @ Gupchup v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 57684 of 2015 Arising Out of PS.Case No. -122 Year- 2015 Thana -UJIARPUR District- SAMASTIPUR ====================================================== Ravi Kishan @ Gupchup, Son of Bindeshwar Mahto, resident of VillageBela Megh Ward No. 4, P.S.- Ujiarpur, District- Samastipur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
21-01-2016 Heard Sri Amitabh Bhardwaj, learned counsel for the petitioner and Sri Parmeshwar Mehta, learned Addl. Public Prosecutor.
The petitioner, who is in custody since 17-07-2015 in Sessions Trial No. 528 of 2015 (arising out of Ujiarpur P.S. Case no. 122 of 2015) registered for the offence under Sections 366(A)/34 of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner submits that the victim had voluntarily gone with the petitioner and on the same date, the petitioner was arrested. Though, the victim was recovered on the same date i.e. on the date of F.I.R., her statement under Section 164 of the Cr.P.C. was recorded after five days. He submits that the petitioner will render full cooperation during the
Patna High Court Cr.Misc. No.57684 of 2015 (2) dt.21-01-2016 2/3 trial before the trial court.
Learned Addl. Public Prosecutor has opposed the prayer for bail. He submits that the victim has also supported the case of prosecution.
On perusal of statement of the victim girl, it is evident that early in morning at 4:00, she had gone to attend natural call and it was alleged even in the statement recorded under Section 164 of the Cr.P.C. that the petitioner had carried her on motorcycle.
In view of the facts and circumstances, particularly the fact that the victim was recovered on the same date and the facts disclosed in her statement, the Court proposes to direct for release of the petitioner on bail.
Accordingly, let the petitioner namely Ravi Kishan @ Gupchup be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Samastipur in connection with S.T. No. 528 of 2015, arising out of Ujiarpur P.S. Case No. 122 of 2015, with a condition that one of the bailor must be blood relation of the petitioner and secondly, on each and every date during the trial, the petitioner shall remain physically present before the trial. If continuously on two dates, the petitioner
Patna High Court Cr.Misc. No.57684 of 2015 (2) dt.21-01-2016 3/3 remains absent, without prior permission of the trial court, his bail-bond shall stand automatically cancelled. (Rakesh Kumar, J.) Anay U T