Patna High CourtCR. MISC./69233/2024bail granted

Rakesh Sah v. The State Of Bihar

2024-10-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69233 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- SIMRI District- Buxar ====================================================== Rakesh Sah Son of Ramlal Sah Resident of Vill- Nokhpur (Basdeo OP), P.SNawanagar, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Dimpal Kumari, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Simari P.S. Case No. 58 of 2024 dated 20.02.2024 registered for the offences punishable under Sections 366A, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's daughter left home to go to the market. When she did not return, the family members began searching, but not found. On 28.01.2024, they came to know that the victim was kidnapped by the petitioner and the co-accused persons with intention to marry her. When the informant along with her family members

Patna High Court CR. MISC. No.69233 of 2024(2) dt.07-10-2024 2/3 went to their house, all the accused persons started abusing and threatened to kill them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is general and omnibus in nature. There is no specific allegation of kidnapping against the petitioner. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that she solemnized her marriage with the petitioner. There was love affair between the parties. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.69233 of 2024(2) dt.07-10-2024 3/3 Magistrate, Buxar in connection with Simari P.S. Case No. 58 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T