Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14818 of 2020 Arising Out of PS. Case No.-362 Year-2019 Thana- BALIYA District- Begusarai ====================================================== 1.
Rajnish Kumar, Male, aged about 22 years, Son of Ramkisun Pandit 2.
Rina Devi, Female, aged about 52 years, W/o Ramkishun Pandit, both resident of Village - Tulsi Tola, P.S.- Balia, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Prasad Singh, Advocate For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2020 Heard the parties through the virtual court proceeding. The petitioners apprehend their arrest in connection with Baliya P.S. Case No. 362 of 2019 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.
The brief fact of the case according to one Ashok Kumar Rastogi, son of Late Jagdish Prasad Rastogi, resident of village- Chhoti Baliya, P.S. Baliya, District- Begusarai stated before the Police Officer, Baliya, Distrcit- Begusarai that his daughter Anshu Kumari aged about 14 years student of Class VIII of Middle School, Baliya on 13.09.2019 at 10.30 A.M. wnt to her school for studing but they could not came on her house till evening, after that all family membrs of the house become
Patna High Court CR. MISC. No.14818 of 2020(2) dt.09-07-2020 2/3 trying to search but no source has been found lastly a confidential information has been brought that Mr. Jitendra Kumar @ Munna Pandit, son of Ramkisun Pandit, resident of village Tulsi Tola, P.S. Baliya, District Begusarai has dragged his daughter on its motorcycle on east side of the village. Learned counsel for the petitioners submits that the petitioners are quite innocent and they have committed no offence and they have falsely been implicated in the present case on mere suspicion. There is no criminal history of any of the petitioners. There is no specific allegation under Section 366A I.P.C. against any of the petitioners. The date of occurrence as per the F.I.R. is 13th of September, 2019, but the F.I.R. is dated 19th September, 2019.
Learned A.P.P. for the State submits that the victim girl is minor and traceless. The petitioners are family members against whom the common allegation is of their involvement in the occurrence.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners in connection with Baliya P.S. Case No.362 of 2019 is hereby rejected. However, the petitioners are directed to surrender before the court below and
Patna High Court CR. MISC. No.14818 of 2020(2) dt.09-07-2020 3/3 the learned court below shall pass the order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Nasimul/- U T