Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38486 of 2017 Arising Out of PS.Case No. -77 Year- 2012 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Deepak Kumar S/o Ajay Rai, Resident of Village-Kanti Station Tola, P.S.-Kanti, District-Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

19-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Kanti P.S. Case No. 77 of 2012 registered for the offence punishable under Sections 363, 366/34, 341, 504 of the Indian Penal Code. Learned counsel for the petitioner referring to First Information Report would submit that this petitioner was helping the persons involved in kidnapping of the victim girl. He would further submit that the victim girl has come back and made her statement under Section 164 of the Code of Criminal Procedure in which the thrust of the allegations are against one Prabhat Kumar.

Patna High Court Cr.Misc. No.38486 of 2017 (2) dt.19-08-2017 She was traveling with the said Prabhat Kumar in Pune - Patna Train and on her way she was intercepted and both of them were found together in the Train. So far as the present petitioner is concerned, she has made a statement that he had returned from Patna.

Learned counsel for the petitioner refers some of the orders passed by a coordinate Bench of this court enclosed as Annexures - 4 & 5 to show that the other co-accused have been granted privilege of bail in this case.

Learned Additional Public Prosecutor for the State opposes the prayer of bail of the petitioner. On perusal of the materials available on record, I find that the whole thrust of accusation is against Prabhat Kumar and on this ground other accused persons have been granted bail, the same ground is available to this petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial

Patna High Court Cr.Misc. No.38486 of 2017 (2) dt.19-08-2017 Magistrate, West, Muzaffarpur, in connection with Kanti P.S. Case No. 77 of 2012, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T