Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45489 of 2021 Arising Out of PS. Case No.-425 Year-2020 Thana- RAHUI District- Nalanda ====================================================== Rajeev Kumar Son Of Lal Bahadur Paswan Resident of Village - Sarvodaya Nagar, P.S.- Deep Nagar, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366 and 365/34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that his daughter went to Dhamauli market and in the meantime, Abhishek Kumar and Balmiki Kumar both resident of Dhamauli allured his daughter and took her away and he opined that his daughter may be murdered.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.45489 of 2021(2) dt.15-04-2022 2/2 petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that petitioner has been made accused in this case on the basis of statement of victim girl in her statement recorded under Section 164 Cr.P.C. However, learned APP for the State opposes the prayer for bail and submits that petitioner along with co-accused persons have committed serious offence by kidnapping a minor girl.

Considering the facts that the victim in her statement has supported the prosecution case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Hasanpur P.S. Case No. 15 of 2020 pending before the court of the learned Additional Chief Judicial Magistrate-III, Rosera.

(Anjani Kumar Sharan, J) devendra/- U T