Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5719 of 2022 Arising Out of PS. Case No.-682 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

RAHUL KUMAR SINGH Son of Avni Rajan Singh Resident of VillageBasbitti (Baspiti) Ward No. 02, P.S. - Supaul, District - Supaul. 2.

Rohan Kumar @ Roman Kumar Singh @ Ruman singh Son of Avni Rajan Singh Resident of Village - Basbitti (Baspiti) Ward No. 02, P.S. - Supaul, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in Supaul P.S. Case No. 682 of 2020 registered under Sections 363, 376, 504 and 506/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the daughter of the informant went missing and informant suspects that accused persons might have abducted her. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.5719 of 2022(2) dt.16-05-2022 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused in the present case for oblique reasons. The petitioners are not named in the F.I.R. The names of the petitioners have transpired in the present case in course of investigation.

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R. The victim has been recovered and her statement under Section 164 Cr.P.C. has been recorded in which she has named the petitioners who were also party to the commission of rape.

Considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. However, if the petitioners surrender in the Court below and pray for bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Pankaj/- U T