Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25409 of 2022 Arising Out of PS. Case No.-532 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Dheeraj Kumar, Son of Rameshwar Prasad R/O Village- Rajasan, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Bidupur P.S. Case No.532 of 2021 instituted under Sections 363,365, 302, 201 of the Indian Penal Code. The informant, the mother of the six years old child has alleged in the FIR that while she was cooking, one Rahul Kumar took her daughter in his lap and on the false promise of buying chocolate from market, took her away. Later, when she failed to return he went to Rahul Kumar's house and inquired about her daughter to which he said that he had dropped her to the house. She as such alleged that Rahul Kumar may have kidnapped her daughter for some illegal activities.

Patna High Court CR. MISC. No.25409 of 2022(2) dt.11-08-2022 2/2 Subsequently, Bidupur P.S. Case No.532 of 2021 was lodged on 03.11.2021 and in course of investigation, Rahul Kumar was picked whereafter he narrated the entire story that he along with the petitioner herein, Dheeraj Kumar murdered the six years old child after taking her to a secluded place and the police was taken to the place by the Rahul Kumar where the dead body of the deceased minor girl was found. A perusal of learned Sessions Judge's order the petitioner too upon his arrest has conceded his complicity in the matter. The reason behind the said incident is that the victim girl's father used to oppose the illegal liquor trade of the petitioner and Rahul Kumar and to take revenge they committed the crime.

Taking into account the kind of allegation that has been made against the petitioner to have jointly killed the six years old daughter of the informant, in which as also that he has four criminal cases lodged against him, this Court for the present is not inclined to grant him privilege of bail, which is accordingly rejected.

(Rajiv Roy, J) Prakash Narayan /- U T