Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33123 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Rohit Kumar Son of Lalan Ram Resident of Village - Gurwaliya Pandey Tola, P.s.- Manuapul, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anant Kumar Mishra, Advocate For the State :

Mr. A.G. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Nautan P.S. Case No.26 of 2022 registered for the offence under Sections 366(A) and 34 of the Indian Penal Code and Section 8 of POCSO Act.

The accused/petitioner is named in the F.I.R. and is in custody since 04.04.2022.

The allegation against the petitioner is to kidnap the

Patna High Court CR. MISC. No.33123 of 2022(3) dt.13-12-2022 2/3 minor daughter of informant, alongwith other co-accused persons for the purpose of illicit intercourse. Learned counsel appearing on behalf of the petitioner submitted that petitioner have been falsely implicated in this case arising out of family dispute. It is submitted that there is no allegation of sexual assault and kidnapping against this petitioner as per statement of victim recorded u/s 164 of the Cr.P.C. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as allegation of sexual assault and kidnapping is not available against this petitioner as per statement of victim recorded u/s 164 of the Cr.P.C coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Nautan P.S. Case No.26 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.33123 of 2022(3) dt.13-12-2022 3/3 tional District Judge-VI, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T