Patna High CourtCR. MISC./14550/2024rejected

Aditya Kumar v. The State Of Bihar

2024-09-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14550 of 2024 Arising Out of PS. Case No.-450 Year-2023 Thana- DHANARUA District- Patna ====================================================== Aditya Kumar Son of Late Rajendra Prasad @ Late Ramendra Prasad R/o Mohalla- Janta Road Yarpur, P.S.- Yarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2024 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 24.08.2023 in connection with Dhanarua P.S. Case No. 450 of 2023, F.I.R. dated 29.07.2023 for the offences punishable under Sections 365 and 366 of the Indian Penal Code.

3. According to prosecution case, the daughter of the victim went with the petitioner to see Dhanarua Bazar and since then, the daughter of the informant was traceless.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. Pursuant to the direction of this Hon'ble Court vide

Patna High Court CR. MISC. No.14550 of 2024(9) dt.21-09-2024 2/2 order dated 24.04.2024, a detailed and comprehensive counter affidavit has been filed on behalf of the State personally sworn by the Deputy Inspector General of Police cum Senior Superintendent of Police, Patna in which the State has categorically stated that on the basis of tower location of the petitioner the movement of the petitioner has been found. On 04.06.2023 both the petitioner and the victim met at Patna and thereafter, on 05.06.2023 they went to Arwal via Jehanabad and thereafter, the returned to Patna from Arwal via Naubatpur. Apart from that it has also come during investigation that the petitioner has performed engagement on 14.04.2023 and till date the victim is traceless and details of the tower location of the petitioner suggests that the petitioner was involved in the present crime in question.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Dhanarua P.S. Case No. 450 of 2023 pending in the court of learned Judicial Magistrate, Masaurhi, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T