Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22080 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== Ravindra Kumar, son of Rambachan Vind, resident of village- Lakhawar Saidpur, P.S.- Ghosi, Distt.- Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitya Nand Neeraj For the Opposite Party/s :

Mr. Satya Nand Shukla For the informant :

Mr. Uday Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-08-2020 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State, through video conferencing. The petitioner seeks regular bail in connection with Ghosi Police Station Case No. 126 of 2019, registered for the offences punishable under Sections 363/366-A of the Indian Penal Code.

The allegation against the petitioner is that the petitioner abducted the daughter of the informant for illegal purposes.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.22080 of 2020(2) dt.13-08-2020 2/3 and he has falsely been implicated in this case due to village politics. He, referring to Annexure-2 to this application, submits that the informant has filed an affidavit before the learned Court below, stating therein that he has lodged the First Information Report by mistake inasmuch as his daughter had gone to her relative's house after having a quarrel with her mother. On the other hand, learned Counsel for the informant and learned Additional Public Prosecutor vehemently oppose the prayer for bail and submits that the statement of the victim girl was recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has categorically stated that she is 15 years old and was lifted forcibly by the petitioner, who kept her in illegal confinement at Aurangabad and also established repeated physical relationship with her against her will.

After having heard learned Counsel for the parties and taking into consideration the fact that there is specific allegation of abduction against the petitioner and the victim girl, in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, has specifically stated that she was forcibly lifted by the petitioner and the petitioner also established physical relationship with the victim girl against her will, I am

Patna High Court CR. MISC. No.22080 of 2020(2) dt.13-08-2020 3/3 not inclined to grant regular bail to the petitioner. This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √