Rohit Kumar @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36076 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- BIHAR District- Nalanda ====================================================== ROHIT KUMAR @ LALA SON OF AJAY PRASAD RESIDENT OF VILLAGE - SUMBHDIH, P.S. - KASHICHAK, DISTRICT - NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Ranjan, For the Opposite Party/s :

Mr. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Biharsharif P.S. Case No.109 of 2024 registered for the offence under Sections 366-A of the Indian Penal Code. 3.

Allegation against the petitioner is to have taken away the daughter of the informant for the purpose of sexual intercourse.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in

Patna High Court CR. MISC. No.36076 of 2024(3) dt.31-07-2024 2/3 the FIR. It is submitted that during course of investigation, the victim recovered from possession of this petitioner. It is submitted that it appears from perusal of statement of victim as recorded under Section 164 of the Cr.P.C. that she had gone house of her Mausi and resided there for two days and while she was returning from her Mausi's home the present petitioner told her not to move towards her home as in the evening no transport is available and suggest to stay in his home for night itself and it is also stated in her statement that the petitioner did not misbehaved or assaulted sexually to her in any manner. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 11.02.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as it appears from perusal of statement of victim as recorded under Section 164 of the Cr.P.C. no allegation as regard to misbehave or sexual assault has been levelled against this petitioner, let the petitioner, above named, is directed to be released on bail in connection with Biharsharif P.S. Case No.109 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.36076 of 2024(3) dt.31-07-2024 3/3 with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda.

(Ramesh Chand Malviya, J) S.Katyayan/- U T