Rajesh Kumar @ Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 17677 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== RAJESH KUMAR @ RAJESH KUMAR SINGH S/O LATE PURSHTTAM PRASAD SINGH R/O VILLAGE- MADHUBAN, WARD NO.-05, P.S- UDA KISHUNGANJ, DISTT.- MADHEPURA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2 The petitioner apprehends arrest in connection with Dhamdaha PS Case No 107 of 2023 dated 12.05.2023 instituted under Sections 363, 366A of the Indian Penal Code. 3 There is specific allegation against co-accused Sachin Singh who is the named accused against whom the FIR has been lodged.

4 The learned counsel for the petitioner submits that during the course of investigation, the name of the petitioner surfaced when statement of the victim has been recorded under Section 164 of the Cr P C but even prior to that while recording her statement under Section 161 of the Cr P C, the name of the

Patna High Court CR. MISC. No.17677 of 2024(2) dt.18-03-2024 2/3 petitioner was not disclosed by the victim. It is submitted that the victim has specifically stated that she left her house out of her own sweet will and solemnized marriage with the named accused persons, namely, Sachin Singh. It is submitted that the victim girl has been examined and the doctor found her age to be between 15 to 17 years. It is also submitted that the similarly situated co-accused, namely, Shiv Raj Anand @ Pawan Singh has been granted anticipatory bail by a coordinate Bench of this Court vide Cr Misc No 15189 of 2024. It is further submitted that the petitioner has no criminal antecedent. 5 Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.17677 of 2024(2) dt.18-03-2024 3/3 represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and/or his wife, (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and, thereafter, the Court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7 The application stands allowed.

(Khatim Reza, J) M.E.H./- U T