Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71970 of 2018 Arising Out of PS. Case No.-256 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Raja Babu Son of Shree Singh, resident of Village Korma P.S. Warisaliganj, District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Warisaliganj P.S. Case no. 256 of 2018, registered under Section 366 (A)/34 of the Indian Penal Code.

The accusation is that in the evening of 20.07.2018, daughter of informant aged about 17 years was going to her Dalan from her house, at that time, Satendra Singh, Raja Babu (petitioner) and Bipin Singh came on two motorcycles having pistols in their hands and took the daughter of the informant forcibly. But, on hulla, informant and others rushed there and identified them. Thereafter, search was made but no trace was found, thereafter, informant lodged the case on 24.07.2018.

Patna High Court CR. MISC. No.71970 of 2018(4) dt.28-02-2019 2/3 Learned counsel for the petitioner submits that it would appear from paragraph-15 of the case diary that daughter of the informant was recovered by the informant and his son at the outside of Civil Court, Nawada. Thereafter, she was handed over to the Police, where her statement was recorded under Section 161 of the Cr.P.C. in which she stated that she was forcibly taken by some persons covering her mouth and taken to some distance on motorcycle, thereafter, she was boarded on Bolero vehicle and kept in Jharkhand, where on the basis of Identity Card she came to know the name of miscreant as Satendra Singh, who also committed misdeeds with her and she was taken by him at Nawada Civil Court for marriage. Further submission is that the statement under Section 164 of Cr.P.C.

of the victim was recorded as detailed in para 26 of the case diary in which she states that co-accused Satendra Singh committed misdeeds with her while petitioner Raja Babu and Bipin were present there having arm at the gate of the house. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.71970 of 2018(4) dt.28-02-2019 3/3 amount each to the satisfaction of the Addl. Chief Judicial Magistrate-II, Nawada in connection with Warisaliganj P.S. Case No. 256 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T