Patna High CourtCR. MISC./62780/2019bail granted

Rajesh Kumar v. The State Of Bihar

2019-10-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62780 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- SARMERA District- Nalanda ====================================================== RAJESH KUMAR S/o Umesh Mahto R/o village- Ghariyari, P.S.- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sarmera P.S. Case No. 36 of 2019 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation against the petitioner is of kidnapping of minor daughter of informant.

Submission of learned counsel for the petitioner is that the victim girl in her statement recorded under Section 164 Cr.P.C. has not stated against the petitioner, rather she has stated that she had gone along with the petitioner on her own sweet will.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that the girl is minor. In view of above facts and circumstances, let

Patna High Court CR. MISC. No.62780 of 2019(2) dt.15-10-2019 2/2 petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I,Nalanda at Biharsharif, in connection with Sarmera P.S. Case No. 36 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T