Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47175 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Rakesh Kumar Son of Nathuni Rai, R/o Village- Jahangirpur Sham, P.S.- Desari, District- Vaishali at Hajipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Desari (Chandpura O.P.) P.S. Case No. 10 of 2017 registered for the offences punishable under Sections 363, 365, 366/34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner is not named in the F.I.R. Later on, he has been made accused on the basis of statement of the girl in which she made allegation of kidnapping.

Submission of learned counsel for the petitioner is that he is not named in F.I.R., allegation is against one Raj Kumar Ray and so far as this petitioner is concerned, his name appears in the statement of victim Rekha Kumari, daughter of the informant and

Patna High Court Cr.Misc. No.47175 of 2017 (2) dt.17-10-2017 2/2 further girl recovered from possession of the petitioner and he is in custody since 16.6.2017 Heard learned APP also.

Having heard both sides and in view of the statement of the victim girl Rekha Kumari under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner. Accordingly, the same is rejected in connection with Desari (Chandpura O.P.) P.S. case No.10 of 2017 pending in the court of A.C.J.M.-II, Vaishali at Hajipur.

(Vinod Kumar Sinha, J) N.H./- U T