Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28044 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Rahul Kumar SON OF Bindeshwar Mahto RESIDENT OF VILLAGEMOKHTIYARPUR SALKHANI, PS- DALSINGSARAI, DISTSAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar Karan, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP For the Informant/s :
Mr. Bhola Prasad, Adv.
Mr. Ujjwal Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Dalsingsarai P.S. Case No. 233 of 2023 dated 30.05.2023 registered for the offences punishable under Sections 363, 366A, 372 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant's daughter went out for walk with some friends and did not return, upon which the informant inquired, then a girl Khusboo Kumari who studied in the same school, said that four girls from her class had come and the informant's daughter left on bicycle of
Patna High Court CR. MISC. No.28044 of 2024(3) dt.10-09-2024 2/3 one of them and said all girls are muslim girl, when the informant inquired a girl who accepted that the informant's daughter stayed at her place for two hours, the informant's daughter talked to the co-accused and the co-accused took the informant's daughter on the bike. Further, some villagers went to inquire at the co-accused house, he accepted that the informant's daughter is in Patna, further, the informant's father and brother along with few other villagers went to Patna. The boy who kept the girl in Patna called the informant to Patna Junction then to Danapur and other places for the whole day but the girl was not given.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the apprehended co-accused person. Learned counsel for the petitioner has further submitted that the charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2023.
Patna High Court CR. MISC. No.28044 of 2024(3) dt.10-09-2024 3/3
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Dalsinghsarai P.S. Case No. 233 of 2023, pending in the Court of leaned Additional Sessions Judge, Dalsinghsarai, Samastipur.
7. Learned court below is directed to conclude the trial of the petitioner at the earliest.
(Chandra Prakash Singh, J) shivam/- U T