Patna High CourtCR. MISC./58733/2021bail rejected

Vikash Kumar @ Vikash Kumar Das v. The State Of Bihar

2022-03-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58733 of 2021 Arising Out of PS. Case No.-50 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== VIKASH KUMAR @ VIKASH KUMAR DAS Son of Ghanshyam Das Resident of Village - Ramana, Panchayat - Bangaon, P.S. - Basnahi, District - Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Kumar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other FIR named accused persons abducted the sister of informant on the threat of weapon.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There was love affairs between the victim and this petitioner and the victim went with this petitioner out of her free will and consent. They also solemnized marriage in Singheshwar temple on 17.03.2021. It is next submitted that the

Patna High Court CR. MISC. No.58733 of 2021(3) dt.28-03-2022 2/2 occurrence took place on 11.03.2021 but the FIR has been lodged on 16.03.2021 without any explanation for such delay. Petitioner claims clean antecedent and is in custody since 27.03.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that victim in her statement u/s 164 of the Cr. P. C. supported the prosecution case and during the course of investigation the victim was recovered from the house of this petitioner on 25.03.2021.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T