Rohit Kumar Rajak @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53495 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- MUSRIGHRARI District- Samastipur ====================================================== ROHIT KUMAR RAJAK @ ROHIT KUMAR SON OF UTTAM RAJAK R/O LATBASEPURA, P.S.- MUSRIGHARARI, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.Ramchandra Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A of the Indian Penal Code.

As per prosecution case, the 17 years old daughter of the informant was enticed away by the petitioner and other accused persons.

It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in this

Patna High Court CR. MISC. No.53495 of 2021(3) dt.28-04-2022 2/3 case. The daughter of the informant returned and was medically examined wherein the Medical Board was of the opinion that her age was more than 18 years. Referring to the statement under section 164 Cr.P.C. of the daughter of the informant, learned counsel for the petitioner submits that the daughter of the informant has stated therein that she was taken by the petitioner to Noida. After a few months, she expressed her desire to work on which the petitioner stated that for getting work, her certificate is required. On this the daughter of the informant called up her maternal uncle to provide her the certificates. It is thus submitted that from the contents of the statement under section 164 Cr.P.C. together with the medical report, it is a clear case of love affair between the parties. The petitioner is in custody since 05.07.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, the medical report, the statement under section 164 Cr.P.C., the petitioner being in custody for more than 9 months and the investigation of the case having concluded, the petitioner is directed to be enlarged on bail in connection with Musrigharari P. S. Case No. 150 of 2020, on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.53495 of 2021(3) dt.28-04-2022 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur..

(Partha Sarthy, J) skm/- U T