Rakesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50295 of 2017 ====================================================== Rakesh Kumar Ram, Son of Ramnath Ram, resident of village - Parasthua, P.S.-Kochas (Parasthua), District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate. For the Opposite Party/s : Mr. Anant Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S. Tr. No. 318 of 2017 arising out of Kochas P.S. Case No. 44 of 2017 registered under Sections 366A and 494 of the Indian Penal Code. The petitioner is said to have kidnapped the minor daughter of the informant with intention to perform marriage with her and was apprehended along with the victim on the bus stand in course of fleeing to some other place.

It is submitted by learned counsel for the petitioner that as the allegation levelled against the petitioner is of kidnapping the daughter of the informant with intention to perform marriage with her, hence provision of Section 366A of the Indian Penal Code is not applicable rather Section 363 of the Indian Penal

Patna High Court Cr.Misc. No.50295 of 2017 (2) dt.18-10-2017 2/2 Code will apply and the said section is bailable. The petitioner has been languishing in custody since 07.04.2017. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned 7th Additional Sessions Judge, Rohtas at Sasaram in connection with S. Tr. No. 318 of 2017 arising out of Kochas P.S. Case No. 44 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T