Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52901 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- PIPRIYA District- Lakhisarai ====================================================== Rohit Kumar Son of Shekhar Ray R/o Village- Diyara Pipariya, P.S.- Pipariaya, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the State :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner is in judicial custody in connection with Pipariya P.S. Case No. 07 of 2024 for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code, lodged on 13.02.2024 by the informant, Sanjay Singh.
3. As per the prosecution story, the informant alleged that when he came to house the daughter went to the study point but failed to return and upon know an enquiry was taken place from the house of Daulati Kumari, it came to notice that this petitioner along with other accused persons have facilitated her disappearance. Accordingly, the F.I.R.
4. In this case, the coordinate Bench had called for the
Patna High Court CR. MISC. No.52901 of 2024(3) dt.29-10-2024 2/3 case diary and the statement of the victim girl under section 164 of the Cr.P.C. The same is on the record.
4. Learned counsel for the petitioner has taken this Court to the statement of the victim girl according to which fed up with the attitude of the parents, she left the place on her own, pressurized this petitioner to move to Delhi and when came to know about the lodging of the police case, returned and made this statement.
5. Though learned counsel for the informant as also learned APP cited the age of the girl, in view of the categorical statement made by the victim girl under section 164 of the Cr.P.C. that she went with this petitioner on her own and was not forcibly taken, the petitioner is only 22 years of age, is in custody since 21.02.2024 (paragraph no.13 of the petition) and has no criminal antecedent, this Court is inclined to extend him the privilege of bail.
6. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Pipariya P.S. Case No. 07 of 2024, subject to the following conditions: (i) one of the bailor should be the family
Patna High Court CR. MISC. No.52901 of 2024(3) dt.29-10-2024 3/3 member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T