Patna High CourtCR. MISC./57713/2019bail granted

Rajesh Kumar v. The State Of Bihar

2019-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57713 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== Rajesh Kumar Son of Matar Yadav Resident of Village - Chaurahi, P.S.- Salkhoa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party :

Mr.Rishit Deo Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code. The prosecution case, in short, is that while the informant along with her daughter went out to attend the call of nature, the accused persons forcibly took custody of her minor daughter and kidnapped her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-05-2019. Charge sheet has already been submitted. The victim has been examined u/S 164 Cr.P.C. in which, she has not supported the allegation made in

Patna High Court CR. MISC. No.57713 of 2019(2) dt.13-09-2019 2/2 the FIR. She had left the house out of her own sweet will. She has not even named the petitioner in her statement. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saharsa in connection with Salkhua P.S. Case No. 108 of 2019.

(Sudhir Singh, J) A.K.V.//- U T