Kameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73291 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== KAMESHWAR SINGH Son of Narayan Singh Resident of Village- Fatehpur, P.S.- Rajepur, District- East Champaran at Moatihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 This application, for grant of anticipatory bail, arises out of Rajepur P.S. Case No. 19 of 2018, disclosing offences under Sections 366A, 372, 376, 302, 201, 120(B) of the Indian Penal Code.

Petitioner is named in the complaint petition on the basis of which, F.I.R. has been registered and it is alleged that petitioner along with other accused persons kidnapped the daughter of informant and she is still traceless. Submission of learned counsel for the petitioner is that main allegation is against co-accused Pappu Kumar and Rahul Kumar as they have kidnapped the daughter of informant by Bolero vehicle and petitioner has been made accused in this case only because he happens to be father of one of the coaccused Rahul Kumar and apart from that there is absolutely

Patna High Court CR. MISC. No.73291 of 2019(3) dt.06-01-2020 2/2 nothing against the petitioner.

Learned counsel for the State opposed the prayer for anticipatory bail, however, he could not controvert the fact that during investigation name of Pappu Kumar and Rahul Kumar has come and petitioner is the father of Rahul Kumar. Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari, in connection with Rajepur P.S. Case No. 19 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure with further subject to the condition that petitioner will cooperate with the police in investigation of the case and make himself available as and when required by the police.

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