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Patna High CourtCR. MISC./50988/2022bail rejected

Ritik Kumar v. The State Of Bihar

2023-01-17Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50988 of 2022 Arising Out of PS. Case No.-375 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== RITIK KUMAR S/o Gopal Singh Resident of Village- Ajgari, P.S.- Turkauliya (Banjariya), Distt- East Champaran Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyama Kant Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Turkauliya (Banjariya) P.S. Case No. 375 of 2021, registered for the offences punishable under Sections 363, 366 (A)/34 of the Indian Penal Code and r/w Section 8 of the POCSO Act.

As per allegation, the present petitioner, along with other co-accused persons had kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.50988 of 2022(2) dt.17-01-2023 2/2 The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. The FIR has been registered after 18 days of the occurrence. It appears that the statement of the victim has been recorded under Section 164 of the Cr.P.C. She has named the petitioner and has stated that the petitioner brought her to Nepal and committed rape upon her. The witnesses in paragraph nos. 6, 7, 8 and 42 of the case diary have supported the occurrence. In my view, it is not a fit case for anticipatory bail. Accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T