Rauky Kumar @ Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21885 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== RAUKY KUMAR @ ROCKY KUMAR S/O UDAY SINGH R/O VILLAGEJHARI, P.S- UPHARA, DIST.- AURANGABAD. ... ... PETITIONER/S

VERSUS

1.

THE STATE OF BIHAR 2.

MINU KUMARI S/O LATE KAMLESH SHARMA R/O VILLAGEKHAIRA MOHAN, P.S- GOH, DISTT.- AURANGABAD. ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323 and 420 of the Indian Penal Code .

3. The case of the complaint, in brief, is that complainant met with the petitioner Rocky Kumar in Deohara Bazar in the year 2018 and from there, a friendship developed between them. After some time of friendship, this petitioner established physical relation with her. It is further alleged that

Patna High Court CR. MISC. No.21885 of 2024(2) dt.04-04-2024 2/3 petitioner has also taken Rs. 50,000/- from the complainant in cash and through account but did not return the aforesaid alleged amount.

4. It is submitted that this petitioner has falsely been implicated in this case with a view to tarnish the image of the petitioner. The petitioner has never taken any money from the complainant, either through cash or bank account. In fact, the allegation of the transaction of money is not true; rather, it is super addition to make the case grave. As a matter of fact, complainant is a married lady having two children, one of six years and other of about four years of age. Police after investigation submitted final form of the case against the petitioner.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Daudnagar in connection with Complaint Case No. 60 of 2023 subject to the

Patna High Court CR. MISC. No.21885 of 2024(2) dt.04-04-2024 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure .

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