Rahul Sharma @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48461 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== Rahul Sharma @ Rahul Kumar Son Of Sanjay Sharma @ Sanjay Thakur R/O Village- Panchhor, P.S.- Riga, District- Sitamarhi. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Murari,Adv For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366,363,341,323,504 and 34 of the Indian Penal Code and Section 8 of POCSO Act. The prosecution case, in short, is that on 30.03.2021 at about 6.00 A.M. minor daughter of the informant was going to worship in temple in the meanwhile Krishna Ram, Rahul Sharma(petitioner), Juli Kumari and Kishan Kumar (driver) kidnapped his daughter in Pickup Van. When the informant approached Krishna Ram for taking back his daughter all accused have assaulted to one informant as also given threat to dire consequences to kill him and further to implicate him case

Patna High Court CR. MISC. No.48461 of 2021(4) dt.31-03-2022 2/2 under SC/St Act. They have disappeared his daughter snatched her MI-Mobile and jewelry made of gold and Silver. The informant searched out his daughter all where but no coop whole was found.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case only on the basis of suspicion. He further submits that in fact the victim girl has solemnized marriage with co-accused Krishna Ram but no evidence is placed on the record to show that the victim girl has solemnized marriage with coaccused-Krishna Ram and till date the victim girl has not been recovered.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Riga P.S.Case No.139 of 2021 pending in the court of learned A.D.J.-VI-cumSpecial Judge, Sitamarhi. Prayer is refused.

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