Patna High CourtCR. MISC./26613/2020bail rejected

Akash Kumar @ Golu Kumar v. The State Of Bihar

2020-11-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26613 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- MANER District- Patna ====================================================== Akash Kumar @ Golu Kumar aged about 20 years Son of Rajesh Singh R/oHathiyakand Sarai, P.S.- Maner, District - Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner, the State and the informant through video conferencing.

The petitioner seeks bail in Maner Police Station Case No. 28 of 2020 registered for the offences punishable under sections 366a, 504 and 506 of the Indian Penal Code. The informant in his FIR has alleged that the on 10.1.2020 at 4.30 am his daughter became missing. However, on 11.1.2020 at about 12 Noon he received information that the GRP, Banaras has recovered the victim, though the petitioner who was accompanying her, managed to escape.

Learned counsel for the petitioner submits that the occurrence took place on 10.1.2020 and the FIR was lodged on 18.1.2020, after lapse of 8 days without explanation. It is stated

Patna High Court CR. MISC. No.26613 of 2020(3) dt.23-11-2020 2/2 in paragraph 3 of the bail petition that the petitioner has got no criminal antecedent. He is in custody since 22.4.2020. Learned counsel for the State and the informant oppose the prayer for bail and submit that the victim in her section 164 Cr.P.C. statement has alleged that the petitioner outraged her modesty. In the medication examination, her age has been assessed as 15 years.

In view of the nature as well as the gravity of the offence alleged in the FIR, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shashi U T