Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39133 of 2024 Arising Out of PS. Case No.-412 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Aman Kumar Son of Late Ramadhar Sahani Resident of Village - Bakhari Najeer (NAJIR), P.S. - Mehsi, District - East Champaran ... ... 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. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 03.01.2024 in connection with Mehsi P.S. Case No. 412 of 2023, F.I.R. dated 29.12.2023 for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

3. According to prosecution case, this petitioner kidnapped the daughter of the informant with an intention to marry her.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that it appears from the F.I.R that the date of occurrence is 19.12.2023 but the present F.I.R has been

Patna High Court CR. MISC. No.39133 of 2024(4) dt.18-09-2024 2/2 instituted on 29.12.2023 i.e. after delay of 10 days without giving any explanation of the said delay.

5. Learned Additional Public Prosecutor on the basis of material available on record as well as case diary has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R that there is direct and specific allegation against the petitioner that he along with other accused persons have kidnapped the victim. He further submits that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. in which she has categorically stated that the petitioner along with other accused persons have kidnapped her and also committed rape upon her.

6. Considering the nature of allegation as alleged in the F.I.R as well as the statement of the victim recorded under Section 164 of the Cr.P.C., I am not inclined to enlarge the petitioner on bail in connection with Mehsi P.S. Case No. 412 of 2023 pending in the court of learned Chief Judicial Magistrate, East Champaran at Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T