Patna High CourtCR. MISC./48060/2024dismissed

Shiva Kumar v. The State Of Bihar

2024-09-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48060 of 2024 Arising Out of PS. Case No.-610 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Shiva Kumar Son of Karu Sao R/O Mohalla- Imadpur, P.S.- Bihar, Dist.- Nalanda ... ... Petitioner/s

Versus

The State Of Bihar Patna 2.

Satyendra Sao Son of Laljeet Sao R/O Vill.- Malikpur, P.S.- Bihar, Dist.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Ranjan For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Rajgir P.S. Case No. 610 of 2023 for the offences punishable under Sections 366A of the IPC and Section 34 of the Indian Penal Code.

3. As per allegation, the petitioner enticed away the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the statement of the victim recorded under Section 164 of the CrPC is under duress of her parents. He has also submitted that the statement of the

Patna High Court CR. MISC. No.48060 of 2024(4) dt.23-09-2024 2/2 informant made in the FIR itself a contrary to the statement of the victim recorded under Section 164 of the CrPC. He is under custody since 25.12.2023.

5. On the other hand, the learned APP for the State as well as the learned counsel for the informant have opposed the prayer for bail and submitted that the learned Magistrate while recording the statement of the victim under Section 164 of the CrPC as assessed her age as 15 years, which shows that she is prima facie minor. In her statement recorded under Section 164 of the CrPC, she has stated that she had friendship with the petitioner. The petitioner persistently requested her to accompany him otherwise, he would commit suicide. He brought her to Patna and committed rape upon her.

6. In my view, the petitioner does not deserve the privileges of bail, which is hereby rejected.

7. The learned trial court is directed to expedite the trial.

(Nawneet Kumar Pandey, J) Nirmal/- U T