Patna High Court - Orders
Ravi Kumar Sah vs The State Of Bihar on 28 July, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23700 of 2017
Arising Out of PS.Case No. -458 Year- 2015 Thana -JAHANABAD District- JEHANABAD
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1. Ravi Kumar Sah Son of Sunil Prasad, Resident of Village- Bhagirath
Bigha, Police Station and District- Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shashi Chandra Pandey
Mr. Anirudh Kumar
For the Opposite Party/s : Mr. Pancha Nand Pandit
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
7 28-07-2017Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 01.03.2017 in connection with Jehanabad P.S. Case No. 458/15 for offences punishable under Sections 363/365 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his niece Neha Kumari was found traceless from the house in the morning hours of 22.10.2015. She was brought by the informant to serve his mother and for appearing in her matriculation examination. Even after hectic search, she was not found.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report, bears no criminal history and has been falsely implicated Patna High Court Cr.Misc. No.23700 of 2017 (7) dt.28-07-2017 2/2 in the aforesaid case. He submits that some of the witnesses have stated that the victim girl was of a doubtful character and she has also lodged a complaint before the Women Helpline at Jehanabad against one Ankit Kumar, who has been found to be her ex-lover and his family member. The medical report has assessed her age to be 17-18 years and that the victim girl was not confined by the petitioner, although, she has deposed in her statement under Section 164 Cr.P.C. after a long passage of time. He further submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail stating therein that the victim girl has named the petitioner in her statement under Section 164 Cr.P.C.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 458/2015.
(Nilu Agrawal, J) Rajesh/-
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