Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52938 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================

1. Rohit Kumar Son of Late Pappu Sharma Resident of Bardaila, P.S. Dhamdaha, District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks anticipatory bail in connection with Dhamdaha P.S. Case No. 136 of 2016 instituted for the offences punishable under Section 366(A)/34 of the Indian Penal Code.

The petitioner is named in the F.I.R.

It has been submitted on behalf of the petitioner that from the perusal of the F.I.R. as well as the materials available on record of the case, the only allegation against the petitioner is that he was only sitting in the four wheeler (Bolero) along with other co-accused persons. It has further been submitted that even the statement of the girl recorded under 164 Cr.P.C. has not named the petitioner before the police rather she has named Hemant Kumar Mahto and Sarwesh Kumar.

Patna High Court Cr.Misc. No.52938 of 2016 (2) dt.21-12-2016 2/2 Heard the learned APP also.

Having heard both sides, as there is allegation against the petitioner that he was also seen sitting in Bolero, I am not inclined to grant bail to him and accordingly, his such prayer stands rejected in connection with Dhamdaha P.S. Case No. 136 of 2016 pending in the court of learned Judicial Magistrate, 1st Class, Purnea. Let the petitioner surrender before the court below and the court below will verify the aforesaid fact of the statement of the girl under Section 164 Cr.P.C. and if the submission of the learned counsel of the petitioner, which is found to be true, the petitioner will be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the court below otherwise the learned court below is free to pass any order on the merits of the case without being prejudiced by the order of this Court. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) ajaypd./- U T