Vicky Kumar Bind @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1241 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Vicky Kumar Bind @ Vicky Son of Chhedi Bind, Resident of villageSadullahpur, P.S.- Ramgarh, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shankar Sahay, Advocate. Mr. Ajay Nandan Sahay, Advocate.

For the Opposite Party/s : Mr. Ganesh Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Ramgarh P.S. Case No.186/2015 registered under Section 366A/34 of the Indian Penal Code.

The accusation is that Nitu Kumari, daughter of informant, who was student of Intermediate Class, went to Gram Bharti College, Ramgarh to see her result but she did not return. The informant searched his daughter Nitu Kumari but no trace was found. In course of search, he verified the call details of mobile then he came to know that on the date of occurrence one mobile number bearing 8651980054 belong to the petitioner was found then he made complaint to Ram Nagina Bind, brother of the

petitioner who ensured that his daughter will be returned to him but his daughter did not return. The informant raised suspicion that his daughter was kidnapped by the petitioner for marriage purpose.

Learned counsel for the petitioner submits that it would appear from F.I.R that occurrence took place on 02.06.2015 regarding kidnapping of the daughter of informant by this petitioner and his brother on 04.07.2015. The further submission is that in course of investigation, the victim Nitu Kumari along with her mother reached at the office of Superintendent of Police on 04.11.2015 where the statement of victim was recorded under Section 164 Cr.P.C by police in which she has stated about the kidnapping by the petitioner and his brother Ram Nagina Bind boarding in the Bolero vehicle in which co-accused persons were also present concealing their face. Thereafter powder was spread upon her, in which, she became unconscious and later on she was taken to Gumla, where she was sold and returned from there.

The further submission is that during the stay in Gumla, she used to talk to her mother and no call was made to the petitioner but she did not allege about committing rape upon her. Later on, in her statement recorded under Section 164 Cr.P.C. she has also stated the name of petitioner.

petitioner is co-villager of the informant and due to that reason; the petitioner has been falsely implicated in this case due to grudge and enmity.

Having regard to the facts and 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 learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 186/2015. (Rajendra Kumar Mishra, J.) Amit/- U T