Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23799 of 2023 Arising Out of PS. Case No.-663 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== VIKRAM KUMAR Son of Arjun Paswan R/V- Babhni (Bbhni) PS- Rajauli, Dist- Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunita Devi Wife of Sanjay Prasad R/V- Bhagwanpur, PS-Rajauli, DistNawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Learned counsel for the State submits that in compliance of the order dated 23.05.2023, learned Additional Public Prosecutor has informed the officer-in-charge of concerned police station and the officer-in-charge has informed that he has informed the informant.
3. Petitioner seeks bail, who is in custody since 06.12.2022 in connection with Rajauli P.S. Case No.663/2022, dated 03.12.2022, for the offences punishable under Sections 363, 366(A) of the IPC & Sections 4 & 6 of the POCSO Act.
4. According to prosecution case, the petitioner along
Patna High Court CR. MISC. No.23799 of 2023(3) dt.19-07-2023 2/3 with co-accused persons, namely, Arjun Paswan and Vikash Paswan kidnapped the daughter of the informant namely Sinki Kumar, while she went for coaching.
5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that the alleged date of occurrence is 01.12.2022 but the present F.I.R. has been instituted on 03.12.2022 after delay of two days without giving any explanation of delay.
6. Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the victim was minor at the time of occurrence and the consent of the victim, who is a minor has no evidentiary value in the eye of law.
7 Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Rajauli P.S. Case No.663/2022, pending in the Court of learned Additional
Patna High Court CR. MISC. No.23799 of 2023(3) dt.19-07-2023 3/3 District and Sessions Judge-VI-cum-Special Excise POCSO Act, Nawada.
8. Prayer is refused.
(Rajesh Kumar Verma, J) amit/- U T