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Patna High CourtCR. MISC./54884/2024bail rejected

Vikas Kumar v. The State Of Bihar

2024-08-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54884 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- TILAUTHU District- Rohtas ====================================================== Vikas Kumar Son Of Krishna Yadav @ Krishna Kumar Singh Resident Of Village - Munshi Bigha, Police Station - Barun, District - Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ravindra Ram Son Of Late Ghura Ram Resident Of Village - Sena, P.O. And P.S. - Tilauthu, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366(A) of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons not against the present petitioner by the father of the victim. The allegation of kidnapping is there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the alleged victim has been recovered and in her statement

Patna High Court CR. MISC. No.54884 of 2024(2) dt.07-08-2024 2/2 recorded under Section 164 of Cr.P.C., she has not disclosed the name of the petitioner, which learned counsel for the petitioner has annexed as Annexure- 2. He further submits that antecedent of the petitioner is clean.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that it is true that name of the petitioner has not been disclosed by the victim, but it is also true that she has narrated that the person, who went with co-accused has committed rape with her and this fact has been acknowledged by the Sessions Court in the order-sheet. The said friend of coaccused, Sonu is not the else but the petitioner.

6. In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant anticipatory bail to the petitioner and, therefore, his bail petition is hereby rejected.

(Dr. Anshuman, J) sadique/- U T