Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83168 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Rakesh Kumar S/O Ramswroop Yadav R/O Village- Andhar, P.S- Tankuppa, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code. It is a case of commission of kidnapping of the minor sister of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim in her statement recorded under Section 164 Cr.P.C has not supported the case of the prosecution and the petitioner has been

Patna High Court CR. MISC. No.83168 of 2023(2) dt.04-01-2024 2/2 implicated in this case merely on the basis of suspicion. The petitioner is languishing in custody since 16.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Gaya in connection with Tankuppa P.S. Case No. 113 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T