Bittu Singh @ Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58274 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- DESARI District- Vaishali ====================================================== BITTU SINGH @ BITTU KUMAR SINGH, aged about 23 years, Male, Son of Radha Raman Singh, Resident of Village - Rampur Kumharkol, P.S.- Desri (Sahdei O.P.), Distt - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Sangeet Deokuliar, Adv.

For the Opposite Party :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Desari (Sahdei O.P.) P.S. Case No. 85 of 2019 for the offences alleged under Sections 363, 366, 398 and 34 of the Indian Penal Code.

The accusation is that Pinki Devi and Palak Kumari, wife and minor daughter of the informant, Kundan Kumar Singh, proceeded from house for clinic of doctor. In the way, Rahul Kumar, Bittu Kumar and Sunil Kumar Singh kidnapped his wife and minor daughter with the help of Lallan Kumar Singh, Vibha Devi and Sweety Devi.

The submission of the learned counsel for the petitioner is that in fact due to love affairs with Rahul Kumar Singh, wife of the informant moved with him, but, with ulterior

Patna High Court CR. MISC. No.58274 of 2019(2) dt.16-09-2019 2/2 motive, the petitioner and other persons have been implicated in this case. More over, the statement of wife of the informant under Section 164 of the Criminal Procedure Code was recorded on 20.06.2019, in which she has clearly stated about pulling down her by Sonal Singh and Rahul Kumar Singh, but, no untoward was done with her. She, further, stated that this petitioner was present there.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Desari (Sahdei O.P.) P.S. Case No. 85 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T