Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52213 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== RAUSHAN KUMAR SINGH SON OF JITENDRA KUMAR SINGH @ JITENDRA SINGH RESIDENT OF VILLAGE KAURIYA PS BIHIYA DISTRICT BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agarwal, Senior Advocate Mr. Raju Kumar Singh, Advocate Mr. Kumar Rajdeep, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bihiya P.S. Case No.93 of 2023 registered for the offence under Sections 363 and 366 of the Indian Penal Code. 3.

Allegation against the petitioner is to have kidnapped the granddaughter of the informant along with other co-accused person.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that victim is in love affairs with the co-accused namely, Sahil Mishra. It is

Patna High Court CR. MISC. No.52213 of 2023(7) dt.04-03-2024 2/2 submitted that it appears from statement of victim girl as recorded under Section 164 of the Cr.P.C. that there is no allegation of sexual assault against this petitioner. It is submitted that victim girl went with co-accused, Sahil Mishra out of her own will and elder brother of the petitioner also informed the informant to come to take his granddaughter. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 28.04.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as allegation as regard to sexual assault is not against this petitioner and brother of this petitioner informed to the informant to come to take his granddaughter, let the petitioner, above named, is directed to be released on bail in connection with Bihiya P.S. Case No.93 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Bhojpur at Ara. (Ramesh Chand Malviya, J) S.Katyayan/- U T