RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 17.2.2005 passed by the learned Chief Judicial Magistrate, Begusarai in Town P.S. Case No. 278 of 2004 by which he had rejected the bail petition filed under Section 167(2) of the Code by the petitioner. The petitioner has further prayed for quashing the order dated 14.3.2005 passed by the learned 5th Additional Sessions Judge, Begusarai in B.A. No. 352 of 2005 by which he had rejected the prayer for bail of the petitioner and confirmed the order passed by the learned Chief Judicial Magistrate on 17.2.2005.

(2.) From the facts of this case it appears that the informant Surendra Poddar gave a written information to the Officer Incharge, Town Police Station, Begusarai on 12.9.2004 stating therein that on 11.9.2004 at 6 p.m. his daughter Suchitra Kumari aged about 17 years alongwith another girl Kirtika Kiran aged about 16 years had gone to the medicine shop at Bunka at about 7 p.m. When they did not return a search was started and the informant was told that his daughters were seen at about 6 p.m. in a white Ambassador Car which was going towards western side. The petitioner was also sitting in the said Ambassador Car. On the following morning the FIR was lodged against the petitioner and others.

(3.) From the photo copy of the arrest memo dated 16.11.2004 (Annexure-2 series) it would appear that this petitioner was arrested by the Delhi Police in reference to D.D. No. 55-B dated 16.11.2004 under Section 41(1) of the Code and he was produced on the same day before Shri Raj Kapoor, Metropolitan Magistrate, Tis Hazari Court, Delhi. Thereafter the petitioner was remanded in connection with Begusarai (T) P.S. Case No. 278 of 2004 under Section 366(A)/34 of the Indian Penal Code and he was sent to the judicial custody in Tihar Jail by the learned Metropolitan Magistrate, Delhi. The Senior Superintendent of Police, Begusarai was informed who filed a petition on 15.12.2004 before the learned Chief Judicial Magistrate, Begusarai for issuance of a production warrant and accordingly the petitioner was produced before the learned Chief Judicial Magistrate, Begusarai on 23.12.2004 and subsequently the two girls were medically examined and their statements under Section 164(5) of the Code were recorded.