Rajeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80799 of 2018 Arising Out of PS. Case No.-672 Year-2018 Thana- BUXAR District- Buxar ====================================================== Rajeshwar Singh S/o Late Diwan Singh, R/o vill.- Khatiba, P.s. Itarhi Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in Buxar (T) P.S. Case No. 672/2018, registered for the offences punishable under Sections 363, 366(A) and 120(b) of the Indian Penal Code. It is alleged in the written report, that this petitioner and Dhunu Rai has taken the daughter of informant for Jharphook. After Jharphook Dhunu Rai took the daughter of informant to the temple of sadhu baba for the purpose of worshiping. This petitioner was sitting with the informant and he assured the informant that her daughter will return soon, but her daughter did not return after lapse of one and half hour. It is further alleged that when Dhunu Rai returned, the informant enquired about her daughter. Thereafter, this petitioner was

Patna High Court Cr.Misc. No.80799 of 2018(2) dt.18-01-2019 2/2 trying to go with Dhunu Rai on motorcycle, but the informant caught hold the petitioner and he fell down.

Learned counsel for the petitioner has submitted that the victim girl has been recovered and gave her statement under Section 164 Cr.P.C. wherein she has not levelled any allegation of specific overt act against this petitioner. The compromise has also taken place between the parties. Petitioner is in custody since 24.11.2018 having clean antecedent.

Counsel for the petitioner has produced certified copy of the statement of victim girl recorded under Section 164 Cr.P.C. which may be kept on record.

Considering the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above-named, be released 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 Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 672/2018, subject to the condition that both the bailors will be close relative of the petitioner.

(Sanjay Priya, J) vinita/- U T