Rustam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71482 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== RUSTAM KUMAR Son of Amardeep Murti @ Hira Singh Resident of Village - Pansalva, P.S.- Beldour, Distt - Khagaria. At present Mohalla - Ashok Nagar Ward No. 15, P.S.- Chitragupt Nagar, Distt - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2020 Petitioner seeks bail in connection with Chautham P.S. Case No. 120 of 2019 registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code. Prosecution case is of kidnapping of minor daughter of the informant by the petitioner.

Submission of learned counsel for the petitioner is that the girl has been recovered and her statement has been recorded under Section 164 Cr.P.C. in which she has stated she was in unconscious condition and nothing wrong has been committed upon her and moreover there was love affair between the parties and she had gone on her own sweet will and later on in order to create pressure upon the petitioner this case has been lodged and her age was assessed at 19 years and he is in custody

Patna High Court CR. MISC. No.71482 of 2019(2) dt.13-01-2020 2/2 for five months and charge sheet has been submitted and he is ready to abide by any condition that may be imposed on him. Heard learned APP also.

In view of above facts and circumstances, let petitioner be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Satish Mani Tripathi, Judicial Magistrate, 1st Class, Khagaria, in connection with Choutham P.S. Case No. 120 of 2019, G.R.No. 1359 of 2019, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that he will not threat the victim and her family members during pendency of the trial or tamper with the evidence.

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