Rakesh Kumar @ Rakesh Kumar Singh Vs. the State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/917806
SubjectCriminal
CourtJharkhand High Court
Decided OnMay-25-2011
Case NumberB.A. No. 3882 of 2011
JudgeH. C. Mishra, J.
ActsIndian Penal Code (IPC) - Sections 414/34
AppellantRakesh Kumar @ Rakesh Kumar Singh
RespondentThe State of Jharkhand
Excerpt:
1. heard learned counsel for the petitioner and learned counsel for the state. petitioner has been made accused in connection with barhi p.s. case no. 217 of 2009 for the offence under sections 414/34 of the indian penal code. 2. it is stated that pursuant to the registration of the case relating to kidnapping of one abhimanyu bhatiya, search operations were going on during which one car was intercepted by the police. it is alleged that three persons from the car fled away towards the jungle and subsequently they were also apprehended by the police and from the car, some incriminating articles were found which related to the kidnapped boy and some mobile phones were also recovered. 3. learned counsel for the petitioner submits that subsequently, the present case has been instituted for the offence under sections 414/34 of the i.p.c. and for kidnapping, there is another case instituted against the petitioner, i.e., lower bazaar p.s. case no. 168 of 2009.learned counsel for the petitioner submitted that the petitioner has been remanded in connection with this case on 02.08.2009 and he is in custody since then. it is also submitted that in the said lower bazaar p.s. case no. 168 of 2009, the petitioner has already been granted bail. 4. in the facts and circumstances, particularly in view of the fact that the petitioner is in custody in connection with this case from the month of august, 2009 itself, i am inclined to release the petitioner on bail.  accordingly, the petitioner, rakesh kumar @ rakesh kumar singh is directed to be released on bail, on furnishing bail bond of rs. 10,000/- (rupees ten thousand) with two sureties of like amount each to the satisfaction of the judicial magistrate, 1st class, hazaribagh in connection with barhi p.s. case no. 217 of 2009 corresponding to g.r. no. 2918 of 2009.
Judgment:

1. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused in connection with Barhi P.S. Case No. 217 of 2009 for the offence under Sections 414/34 of the Indian Penal Code.

2. It is stated that pursuant to the registration of the case relating to kidnapping of one Abhimanyu Bhatiya, search operations were going on during which one car was intercepted by the Police. It is alleged that three persons from the car fled away towards the jungle and subsequently they were also apprehended by the Police and from the car, some incriminating articles were found which related to the kidnapped boy and some mobile phones were also recovered.

3. Learned counsel for the petitioner submits that subsequently, the present case has been instituted for the offence under Sections 414/34 of the I.P.C. and for kidnapping, there is another case instituted against the petitioner, i.e., Lower Bazaar P.S. Case No. 168 of 2009.

Learned counsel for the petitioner submitted that the petitioner has been remanded in connection with this case on 02.08.2009 and he is in custody since then. It is also submitted that in the said Lower Bazaar P.S. Case No. 168 of 2009, the petitioner has already been granted bail.

4. In the facts and circumstances, particularly in view of the fact that the petitioner is in custody in connection with this case from the month of August, 2009 itself, I am inclined to release the petitioner on bail.  Accordingly, the petitioner, Rakesh Kumar @ Rakesh Kumar Singh is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Hazaribagh in connection with Barhi P.S. Case No. 217 of 2009 corresponding to G.R. No. 2918 of 2009.