Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4624 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Rohit Kumar Son Of Ram Pravesh Paswan R/O Village- Harsher, P.S.- Siwaipatti, Dist.- Muzaffaprur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Siwaipatti P.S. Case No.24 of 2023, lodged on 25.01.2023, under Sections 363/365/366A/120B/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against four named accused persons including the present petitioner. In the FIR allegation of kidnapping of two girls of the informant is there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is clean and he is in custody since 14.08.2023. Learned counsel for the petitioner

Patna High Court CR. MISC. No.4624 of 2024(4) dt.03-07-2024 2/2 submits that during the course of investigation both the girls have been recovered. The victim whose name is associated in commission of the crime has adduced evidence under Section 164 Cr.P.C. and not alleged anything constituting the ingredient of offence under Section 363; rather she told that she went with the petitioner with consent.

5. Learned counsel for the State opposes the prayer for bail and submits that though allegation is there against other accused persons under Section 164 Cr.P.C. by the another victim girl, but against the petitioner the victim girl has not disclosed anything against him which constitute offence under Section 363 of the Indian Penal Code.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., East, Muzffapur, in connection with Siwaipatti P.S. Case No.24 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Mkr./- U T