Rohit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8250 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -BELSAND District- SITAMARHI ======================================================

1. Rohit Kumar, S/o Jitendra Sah, resident of Village Mahthi, P.S. Belsand District Sitamarhi

2. Kadir @ Md. kadir, S/o Md. Hussain, resident of Village Panrahi, P.S. Belsand, District- Sitamarhi .... Petitioners

Versus

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

For the Petitioners : Mr. Uday Kumar, Adv. For the State : Mr. Nand Kumar, APP 154 For the informant : Mr. Ritesh Kumar Narain Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2017 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Sections 366A, 363, 120B and 34 of the Indian Penal Code.

Allegation against the first information report named accused is that at the point of dagger they forcibly took Neha Kumari, aged about 15 years, the sister of the informant on a bus. The reason for abduction is that the named accused is in the habit of teasing the girls while they were going on the way, to the market or to the school.

The victim-girl in her statement under Section 164 of the Criminal Procedure Code leveled allegation against co-accused, Md. Saddam, of her abduction etc. However, perusal of the entire statement reveals that the

Patna High Court Cr.Misc. No.8250 of 2017 (2) dt.03-03-2017 2/2 matter is of love affairs.

Allegation against petitioners is that for one night the victim was kept in the house of the petitioner, Rohit Kumar, and petitioner, Kadir, had received the victim along with Md. Saddam at Delhi Railway Station. Submission of the petitioners is that there is no material that at any point of time the victim protested the act of the accused.

The learned counsel for the informant opposite the prayer of bail.

Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Belsand P.S. Case No. 79 of 2016 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √