Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.311 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- CHANDAUTI District- Gaya ====================================================== Bipin Kumar S/O Pradeep Yadav @ Pardeep Yadav R/O Village-Gajadhar Bigha, P.S Chandauti, District-Gaya under the Guardianship of Pradeep Yadav @ Pardeep Yadav (Father of The Petitioner and Guardian), S/O Late Ramchandra Yadav, R/O Village-Gajadhar Bigha, P.S.-Chandauti, DistrictGaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Respondent/s :

Md. Fahimuddin, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2021 Heard learned counsel for the parties through video conferencing.

The instant application has been preferred by the petitioner against the order dated 22.02.2021 whereby the prayer for bail of the petitioner in connection with G.R. no.5695 of 2020/CIS. no.197 of 2020, arising out of Chandauti P.S. case no.220 of 2020 registered under sections 395, 354A and 354B of the Indian Penal Code was rejected.

As per the allegations in the F.I.R., it is stated by the informant that she along with her friend had gone on a long drive on a motorcycle and lost their way. It is stated that 5-6

Patna High Court CR. REV. No.311 of 2021(3) dt.26-07-2021 2/3 unknown persons stopped their motorcycle, misbehaved with her and also pressed the neck of her friend. She could hear the name of Pappu and Navin being taken by them in addressing each other.

It is submitted by learned counsel for the petitioner that the allegations against the petitioner are false and concocted. By order dated 3.12.2020, the petitioner was declared as juvenile in conflict with law. It is submitted that statement of the informant was recorded twice under section 164 Cr.P.C. She has gone on to improve her statement from that made in the F.I.R. It is submitted that so far as identification of the petitioner in T.I. parade is concerned, he had already been identified by the police to the victim girl on the date of his surrender in the learned court below. He is in juvenile home since 24.11.2020.

The application is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having been identified by the victiminformant in T.I. parade, the Court is not inclined to enlarge the petitioner on bail and the same is rejected.

Patna High Court CR. REV. No.311 of 2021(3) dt.26-07-2021 3/3 Liberty is granted to the petitioner to renew his prayer for being released on bail on completing one year in detention. (Partha Sarthy, J) Saurabh/- U T