Rockey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28670 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== ROCKEY KUMAR Son of Manoj Rawat R/o vill.- Adalatganj, Jhoparpatti, Driver Colony, P.S.- Kotwali, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 366A of the Indian Penal Code.

As per prosecution story, Priya Kumari aged about 17 years, the daughter of the informant Manju Devi, left home at 1.30 P.M. on 01.01.2022 and did not return. Allegation is that there is suspicion that Vivek Kumar @ Bakhoran might have eloped with the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been

Patna High Court CR. MISC. No.28670 of 2022(2) dt.24-08-2022 2/2 implicated in the present case. Further submits that petitioner and the victim girl was in love. Petitioner is in custody since 24.02.2022.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she had categorically stated that she had gone with the petitioner on his persuasion for marriage. She has also stated that in past she had met him three to four times. The victim girl, has however, stated that the petitioner used to assault her and she shown her mark of injury on her hand. She also stated that the petitioner had forcibly established physical relation with her.

Considering the aforesaid facts and circumstances of the case as well as the seriousness of the offence, I am not inclined to enlarge the petitioner on bail in connection with Parsa Bazar P.S. Case No.07 of 2022 pending in the court of learned A.C.J.M.-VIII, Patna.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T