Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3006 of 2021 Arising Out of PS. Case No.-212 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Vishal Kumar, Son of Sanjay Paswan, Resident Of Village- Kamalpur, P.S. - Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha- Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2021 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State. The petitioner seeks regular bail in connection with Lalganj P. S. Case No.212 of 2019 registered for the offences punishable under Sections 363 and 366-A/ 34 of the I.P.C. As per the prosecution case, on 12.06.2019 at about 5.30 P.M., daughter of the informant, who is aged about 15 years, had gone to Bedauli Chowk for purchasing vegetables, but she did not return. On search, the informant came to know that this petitioner along with other accused persons kidnapped her daughter. It is submitted on behalf of the petitioner that petitioner has falsely implicated in this case, in fact victim and co-accused Manish Kumar was in love with each other. They have performed their marriage on 13.06.2019. Petitioner has no concern with the affairs of them. Petitioner has been made accused in this case due to

Patna High Court CR. MISC. No.3006 of 2021(2) dt.15-03-2021 2/2 village politics. Petitioner is in custody since 16.10.2020. Chargesheet against him has already been submitted. Learned counsel for the State vehemently opposed the prayer submitting that there is specific allegation against this petitioner that this petitioner along with others kidnapped and raped upon the victim girl aged about 15 years and the victim has stated in her statement recorded under Section 164 of the Cr.P.C. that this petitioner along with other accused kidnapped her and took her to Delhi and kept her there for one and half months. Considering the gravity of offence and the allegation against this petitioner that this petitioner along with others kidnapped the victim and committed rape upon her, which has also been corroborated by the victim in her statement recorded under Section 164 of the Cr.P.C., I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail stands rejected. (Prabhat Kumar Singh, J) vikash/- U T