Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12615 of 2020 Arising Out of PS. Case No.-568 Year-2018 Thana- NAGAR District- Vaishali ====================================================== RAUSHAN KUMAR Son of Jay Rai Resident of Village - Terasia, P.S.- Gangabridge, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in registered for the offences punishable under sections 366A/363/34 of the Indian Penal Code.

As per the prosecution case, this petitioner kidnapped 15 years minor daughter of the informant.

Learned counsel for the petitioner submits that the petitioner and the informant are co-villager and the victim had love affair with the petitioner and out of their sweet will, they got married and the spouse is blessed with a child. It is also submitted that the informant somehow has confined the victim and the child with him and handed over the petitioner to the police and due to her being trace less, 164 Cr. P. C. statement of

Patna High Court CR. MISC. No.12615 of 2020(5) dt.06-01-2022 2/2 the victim has not been recorded. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 6.7.2019.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that that he forcibly kidnapped the victim and performed marriage with her. During investigation, victim has been found to be minor.

Considering the nature and gravity of accusation against the petitioner, his prayer for bail is refused. Keeping in view custody of the petitioner, let the trial be expedited.

(Prabhat Kumar Singh, J) shashi/- U T