Lov Kush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18705 of 2021 Arising Out of PS. Case No.-6 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== LOV KUSH KUMAR S/O KOLKTOR RAM R/O VILLAGE - PINGROY, POLICE STATION - SANDESH, DISTRICT - BHOJPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Mr. Gopal Govind Mishra, Advocate.

For the Informant :

Mr. Pramod Kumar, Advocate.

For the State :

Mr.Aditya Narayan Singh-I, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-04-2022 Heard the parties.

Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with POCSO Case No. 03 of 2018 arising out of Mahila P.S. Case No. 6 of 2018 for the offence punishable under Sections 376(2) (i), 376(2)(f), 376(2)(n) and 313/34 of the Indian Penal Code and Section 6 of the POCSO Act.

Specific allegation against the petitioner is that he repeatedly raped the victim.

Patna High Court CR. MISC. No.18705 of 2021(9) dt.06-04-2022 2/2 Now, it has been informed by Mr. Pramod Kumar, learned counsel appearing on behalf of the informant that the victim in her statement recorded under Section 164 Cr.P.C. has supported the allegation made in the F.I.R. However the accused persons have kidnapped the victim and thereafter, the victim is traceless. As such, involvement of the petitioner cannot be denied. He further submits that the petitioner and his family members are threatening of dire consequences to the family of the victim.

Considering the nature of allegation and subsequent development which has taken place, I am not inclined to enlarge the petitioner on bail.

Accordingly, the present bail application is rejected. (Purnendu Singh, J) mantreshwar/- U T