Rahul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.36559 of 2017 (3) dt.13-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36559 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -DANAPUR District- PATNA ======================================================

1. Rahul Kumar Son of Hari Shankar Prasad, R/o Village- Imalital Near DAV High School, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv. Mr. Shivnandan Bharti, Adv.

For the Opposite Party/s : Mr. Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Danapur P.S. Case No. 129 of 2017 for offences punishable under Sections 366(A), 494, 498 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was taking his sister, Nutan Kumari to Kurji Hospital, the petitioner forcibly took her in his Indigo Car. It has been submitted by the learned counsel for the petitioner that he is innocent and the victim Nutan Kumari has been married in the year 2009 and out of the wedlock she has a child and the petitioner is also a married man. He submits that the

Patna High Court Cr.Misc. No.36559 of 2017 (3) dt.13-09-2017 age of the victim lady has been assessed as 25 year as per medical report and that charge-sheet has been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and he is languishing in judicial custody since 14.04.2017. He submits that the victim lady has filed an affidavit before the learned court below stating therein that the petitioner has been falsely implicated due to ignorance. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Additional Chief Judicial Magistrate-I Danapur, in connection with Danapur P.S. Case No. 129 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner. (Nilu Agrawal, J) sushma/- U T