Patna High CourtCR. MISC./39700/2024rejected

Krishna Nand Bind @ Krishna Kumar @ Nirahu v. The State Of Bihar

2024-09-18Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39700 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Krishna Nand Bind @ Krishna Kumar @ Nirahu S/O Umesh Bind R/O Village- Ufarauli, P.S- Ramgarh, Distt.- Kaimur At Bhabua.... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2024 Heard Mr Pawan Kumar Singh, learned counsel for the petitioner, learned counsel for the informant and Mr.Mithilesh Kumar Khare, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 06.03.2024 in connection with Ramgarh P.S. Case No. 67 of 2024, F.I.R. dated 24.02.2024 registered for the offence punishable under Sections 363, 366-A of the Indian Penal Code added Sections 366, 376, 34 of the I.P.C.

3. The prosecution story, in short, is that the informant alleged that the petitioner with assistance of co-accused persons abducted the victim girl with intention to marry with her. Thereafter, the petitioner in-association of co-accused persons have kidnapped her and took her to Rajkot where the petitioner has committed rape on her.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely

Patna High Court CR. MISC. No.39700 of 2024(4) dt.18-09-2024 2/2 been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned counsel for the informant and learned APP for the State, on the other hand, on the basis of the material available on record and the case diary, have vehemently opposed the prayer for bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is specific allegation against the petitioner that he abducted the victim and apart from that, the statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that the petitioner has committed rape upon her and the medical report of the victim also suggests that she has been sexually assaulted by the petitioner.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ramgarh P.S. Case No. 67 of 2024 pending in the court of learned Judicial Magistrate-1st Class, Mohania (Kaimur).

7. Prayer is refused.

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