Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35692 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Rocky Kumar Son of Ranveer Singh R/O Village Muzaffara Kamtaul, P.S.- Kudhni, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in Kurhani (Kudani) P.S. Case No. 103 of 2023 corresponding to Sessions Trial No. 952 of 2023 registered for the offence punishable under Sections-363, 366(A) & 328 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with another person is said to have kidnapped the minor daughter of the informant. Further allegation is that while the informant went to the house of the petitioner to query about that, then the informant was abused and assaulted.

4. Learned counsel for the petitioner has submitted that the victim, in her statement recorded under Section-161 of

Patna High Court CR. MISC. No.35692 of 2024(3) dt.21-08-2024 2/2 the Cr.P.C. did not support the allegation of her kidnapping. She has stated that she went to the house of her maternal aunt (Mausi) and none has kidnapped her. Further submission is that after recovery of the victim, she made her statement under Section-164 of the Cr.P.C. under pressure of her parents in which, though she has corroborated the allegation but even in her statement under Section 164 of the Cr.P.C., she has stated that no misdeed was done with her.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Muzaffarpur in connection with Kurhani (Kudani) P.S. Case No. 103 of 2023 corresponding to Sessions Trial No. 952 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T