Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30282 of 2021 Arising Out of PS. Case No.-379 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Dhananjay Kumar Son of Shiv Pujan Das Resident of Village - Patpariya, P.S. - Motihari Muffasil, District - East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Ram Priya Sharan Singh.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Muffasil P.S. Case No. 379 of 2018, registered for the offence under Sections 363 / 366(A) / 34 of the Indian Penal Code.
As per the prosecution case, this petitioner alongwith other FIR named accused persons kidnapped the minor daughter of the informant.
It is submitted on behalf of petitioner that matter has been compromised between the parties. It is further submitted that similarly situated co-accused Shivpujan Das has already been granted bail by this Court, vide order dated 30.11.2018 passed in Cr.Misc. No. 68398 of 2018 (Annexure - 4) and
Patna High Court CR. MISC. No.30282 of 2021(2) dt.13-08-2021 2/2 petitioner is in custody since 22.01.2021.
However, learned A.P.P. for the State vehemently opposed the bail petition and submitted that victim, in her statement recorded under Section 164 Cr.P.C., has specifically alleged that this petitioner has forcibly married with him and committed rape with her.
Considering the serious nature of allegation and gravity of offence as well as statement of the victim girl recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T