Patna High CourtCR. MISC./37001/2023dismissed

Ajeet Kumar @ Ajit Kumar @ Bua v. The State Of Bihar

2023-09-05Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37001 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== AJEET KUMAR @ AJIT KUMAR @ BUA Son of Lal Kishun Rai Resident of village - Park Road, P.S. - Kadam Kuan, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09-2023 Heard the parties.

2. The petitioner is in custody in connection with KadamKuan P.S. Case No. 520 of 2022 arising out of Special Case No. 188 of 2022 for the offence under sections 363, 366, 366A, 376 of the Indian Penal Code lodged on 21.09.2022 by the informant, Ashok Kumar Ray.

3. As per the prosecution story, the informant has alleged that the informant's daughter went to school but failed to return and as she was talking with the petitioner, they presumed that he has taken away. Accordingly the FIR.

4. Subsequently, the victim girl returned and pursuant to the last order of the co-ordinate Bench dated 03.07.2023, the case diary and statement of the victim under section 164 Cr.P.C. are on record.

Patna High Court CR. MISC. No.37001 of 2023(3) dt.05-09-2023 2/2

5. As per the statement of the victim girl under section 164 of the Cr.P.C., after the petitioner went to jail and remained there for two years, she had no connection with him. Subsequently on the basis of photographs, he started blackmailing her and she has alleged that he also committed rape. Later, his family members took her to the Court for marriage but due to her minor status, the same could not be completed. Further, with the help of cyber cafe, they increased her age, made her major which led to her marriage and pregnancy. She has lastly narrated that under no circumstance, want to live with the petitioner and instead she want to go to her parent's home.

6. Considering the fact that the victim girl has supported the prosecution story, this Court is not inclined to extend him the privilege of bail, which is accordingly rejected.

7. As he is in custody since 25.09.2022, it is expected that the Trial Court conclude the trial within a period of nine months from today.

(Rajiv Roy, J) kiran/- U T