Rajnish Kumar @ Dhunu Kumar @ Dhunu @ Rajnish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20206 of 2019 Arising Out of PS. Case No.-232 Year-2017 Thana- KOTWA District- East Champaran ====================================================== Rajnish Kumar @ Dhunu Kumar @ Dhunu @ Rajnish Son of Nand Kishor Patel @ Nanhak Patel Resident of Village- Navada, P.S.- Govindganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 232 of 2017 registered for the offence punishable under Sections 363, 366, 366(A) and 34 of the Indian Penal Code.

Petitioner is said to have kidnapped minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner has no concern with the aforesaid occurrence. Petitioner has been falsely implicated in this case. As a matter of fact, the victim happens to be major as evident from the marksheet of Secondary School Examination and she has also performed marriage with the petitioner as evident from the certificate of marriage issued by the Marriage Officer, Bettiah. Petitioner has no criminal antecedent. Hence, he may be

Patna High Court CR. MISC. No.20206 of 2019(5) dt.20-06-2019 2/2 enlarged on bail.

On the other hand, learned APP opposing the bail prayer of the petitioner submitted that victim in her statement recorded under Section 164 Cr.P.C. has stated that petitioner used to tease her. On the date of occurrence, mother of the petitioner called her at her house and served her some intoxicated drink. Subsequently she fell senseless. Then petitioner along with other accused persons locked her in the room and petitioner committed rape against her. She was subsequently taken to different places and petitioner and coaccused Mukesh Patel and Nand Kishore also committed rape against her keeping her under influence of intoxication. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.

However, petitioner is directed to surrender before the court below within six weeks and seeks regular bail and learned court below shall pass order in accordance with law without being prejudiced by this order.

(Prakash Chandra Jaiswal, J) rohit/- U T