Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19844 of 2020 Arising Out of PS. Case No.-94 Year-2019 Thana- HISUWA District- Nawada ====================================================== 1.

RAHUL SINGH Son of Sri Ram Nandan Singh Resident of Village - Hadsa, P.S.- Hisua, Distt.- Nawada.

2.

Subodh Kumar Son of Sri Kapil Singh Resident of Village - Hadsa, P.S.- Hisua, Distt.- Nawada.

3.

Nutan Singh @ Fekan Singh Son of Sri Tuli Singh Resident of Village - Hadsa, P.S.- Hisua, Distt.- Nawada.

4.

Karu Singh Son of Sri Jaynandan Singh Resident of Village - Hadsa, P.S.- Hisua, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Hisua P.S. Case No. 94 of 2019 for the offence registered under Sections 147, 148, 149, 323, 325, 353, 307, 332 and 333 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.19844 of 2020(3) dt.16-09-2020 2/3 The case of the prosecution in brief is that the police received information from one Chunnu Singh that his minor daughters have been abducted on the point of pistol and knife and the abductors have fled towards Reuala side whereafter the police force had proceeded to rescue the victim girls and had reached near village Reuala where they came to know that both the girls have been recovered from near the office of Balu Ghat at village Hadsa, Nawada. It is further alleged that the girls and their relatives had informed the police/informant that the abducted girls were raped by the accused persons and when the police had gone to catch the accused persons including the petitioners herein, they had assaulted the police personnel resulting in serious injuries on the person of the police personnel.

The learned counsel for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the present case and as far as the petitioner nos. 1 & 2 are concerned, they are accused in two other cases, however, the petitioner 3 is accused in one other case. It is further submitted that the petitioner no. 4 has clean antecedent. Lastly, it is submitted that the petitioners have got no complicity in the matter and a hypothetical story has been cooked up by the

Patna High Court CR. MISC. No.19844 of 2020(3) dt.16-09-2020 3/3 victim girl.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the statement made by the victim girls under Section 164 Cr.P.C. before the learned Magistrate, the complicity of the petitioners herein cannot be ruled out in the alleged crime, hence I do not find any reasons to grant the privilege of anticipatory bail to the petitioners herein, thus the present petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T