Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81180 of 2024 Arising Out of PS. Case No.-92 Year-2016 Thana- GAMAHARIYA District- Madhepura ====================================================== 1.

Rupesh kumar S/O Vageshwari Yadav @ Bageshwari Prasad Yadav R/O Village- Jivachhpur, Ward No. 7, P.S- Gamhariya, Distt.- Madhepura. 2.

Shambhu Yadav S/O Chamak @ Chandeshwari Yadav R/O VillageJivachhpur, Ward No. 7, P.S- Gamhariya, Distt.- Madhepura. 3.

Roshan Kumar S/O Gajendra Yadav R/O Village- Jivachhpur, Ward No. 7, P.S- Gamhariya, Distt.- Madhepura.

4.

Chandra Kishore Kumar S/O Shiv Kumar Yadav R/O Village- Jivachhpur, Ward No. 7, P.S- Gamhariya, Distt.- Madhepura. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 364, 34, 302 & 201 of the Indian Penal Code.

3. The granddaughter of the informant is said to have been kidnapped by the petitioners.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that after

Patna High Court CR. MISC. No.81180 of 2024(2) dt.05-12-2024 2/2 investigation police submitted the final report on 27.02.2018 but differing with the final form, the learned Judicial Magistrate took congnizance against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 the learned lower Court where the case is pending/successor Court in connection with Gamaharia P.S. Case No.92 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to further condition that petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the learned Court below.

(Anjani Kumar Sharan, J) Trivedi/- U T