Patna High CourtCR. MISC./51513/2024dismissed

Deepak Kumar v. The State Of Bihar

2024-10-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51513 of 2024 Arising Out of PS. Case No.-127 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Deepak Kumar SON OF RAM NARESH RAI @ NAMTARI RAI @ NARESH RAI VILLAGE- MAHUAWA, PS- CHIRAIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

Reena Devi Wife of Gagandev Mahto R/V- MEERPUR, P.S.- CHIRAYA, DISTT.- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Chiraiya P.S. Case No. 127 of 2024, registered for the offences punishable under Sections 366(A)/34 of the IPC and Section 8 of the POCSO Act.

3. As per allegation, the petitioner along with two coaccused persons namely Jawed and Naushad kidnapped two girls, the minor daughter of the informant and grand daughter of Shankar Sah. After sometime, grand daughter of Shankar Sah returned but her daughter didn't return. The informant has firm belief that the petitioner along with co-accused persons had

Patna High Court CR. MISC. No.51513 of 2024(4) dt.01-10-2024 2/2 kidnapped her daughter namely Kunjun Kumari.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. He has submitted further that the petitioner has solemnized marriage with one of the victims, the grand daughter of Shankar Sah. The petitioner is under custody since 18.05.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the petitioner and his two friends (co-accused Jawed and Naushad) committed rape upon the victim, who is a minor girl. The victim, in her statement recorded under Section 164 of the Cr.P.C., has stated that the petitioner along with other two accused persons committed rape upon her.

6. Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privilege for bail, which is hereby rejected.

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