Rajkumar @ Rajkumar Roy @ Majnu Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37537 of 2020 Arising Out of PS. Case No.-104 Year-2020 Thana- AAJAM NAGAR District- Katihar ====================================================== RAJKUMAR @ RAJKUMAR ROY @ MAJNU ROY SON OF GOVIND ROY @ GUDRI ROY RESIDENT OF VILLAGE- BELWARI, P.S.- AZAMNAGAR (SHALMARI O.P.), DISTRICT- KATIHAR. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Azamnagar (Shalmari O.P.) P.S. Case no. 104 of 2020 registered under sections 366A, 341, 323, 379, 504 and 34 of the Indian Penal Code. As per allegation in the FIR, the 16 years old daughter of the informant was kidnapped by the petitioner. It is further stated that on the informant going and complaining, they were abused and assaulted.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are not correct and the petitioner has been falsely implicated in the case. The FIR has
Patna High Court CR. MISC. No.37537 of 2020(4) dt.05-07-2021 2/3 been registered more than two months after the alleged occurrence without any explanation for the delay. The daughter of the informant returned home. It has transpired in course of investigation that on their return both the petitioner and the daughter of the informant were quarantined in the quarantine centre and after the period of quarantine was over that the petitioner was arrested. The statement of the daughter of the informant was recorded under section 164 Cr.P.C. Referring to the statement under section 164 Cr.P.C. it is submitted that no commission of rape is alleged against the petitioner who is in custody since 27.5.2020 and has no criminal antecedent. The application for bail is opposed by learned Additional Public Prosecutor for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the material that has transpired in course of investigation and the petitioner having remained in custody for over one year, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Azamnagar (Shalmari O.P.) P.S. Case no. 104 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.37537 of 2020(4) dt.05-07-2021 3/3 satisfaction of the learned Chief Judicial Magistrate, Katihar. (Partha Sarthy, J) Spd/- U T