This order deals with an appeal for bail. The High Court granted bail to the petitioner implicated in kidnapping and rape. The release is conditional on executing a bail bond of Rs. 10,000 with two sureties of equal amount.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42526 of 2013
===================================================== Rajesh Kumar Sah @ Rajesh Kumar, son of Sri Kant Sah, resident of village-Telihar West, P.S. Beldaur, District-Khagaria. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 3 02-04-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Alamnagar P.S. Case No.45 of 2013 registered under Sections 363, 366(A) and 376/34 of the Indian Penal Code.
The accusation is of kidnapping the daughter of the informant by Vikash Kumar with the help of the petitioner and others.
Learned counsel appearing on behalf of the petitioner submits that the statement of the victim was recorded under Section 164 of the Code of Criminal Procedure, as detailed in paragraph-53 of the case diary, in which she has stated that the petitioner being the driver of the vehicle was present at the time of her kidnapping alongwith four others and, thereafter, Vikash committed rape on her forcibly but with an ulterior motive, the
Patna High Court Cr.Misc. No.42526 of 2013 (3) dt.02-04-2014 2/2
petitioner has also been implicated in this case by the informant. The petitioner having no criminal antecedent is in custody since 6.5.2013.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Alamnagar P.S. Case No.45 of 2013 (G.R. No.885 of 2013).
(Rajendra Kumar Mishra, J)
P.S./-
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving kidnapping and rape.
Whether bail can be granted by furnishing sureties in the specified amount.
3 provisions across 1 enactments
Rajesh Kumar Sah
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
