Rakesh Kumar Mehta And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.46919 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46919 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -RATANPURA District- SUPAUL ======================================================

1. Rakesh Kumar Mehta, Son of Tej Narain Mehta,

2. Arvind Kumar Mehta @ Arvind Kumar, Son of Laxman Mehta, Both are resident of Bachnu Chakala, P.S. Rantanpura, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Ratanpura P.S.Case No.26 of 2017 registered for offences punishable under Sections 147, 149, 341, 342, 323, 366A/511 of the Indian Penal Code.

Allegation against the petitioners is of attempting to kidnap the minor girl of the informant and they were arrested at the spot by the villagers.

Submission of the learned counsel for the petitioners is that as a matter of fact there was love affair between the petitioners and the victim girl and they had gone to meet them but the villagers assembled there and arrested them as well as assaulted them. It is further submitted that during the course of

Patna High Court Cr.Misc. No.46919 of 2017 (2) dt.17-10-2017 investigation, even the statement of the girl has not been recorded and now the petitioners are in custody for five months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Birpur (Supaul) in connection with Ratanpura P.S.Case no.26 of 2017. With following conditions :

(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidences.

(iii) The petitioners shall co-operate in disposal of trial and make themselves available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, their bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

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