Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57555 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- TARAPUR District- Munger ====================================================== Rishu Kumar Son of Moti lal Singh Resident of Village- Narayanpur, P.S.- Tarapur, District- Munger ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code.

According to prosecution case, the informant namely, Raj Kishore Singh alleging therein that on 31.01.2022 his daughter Simran Kumari alias Gungun Kumari aged about 15 years had gone to Asarganj market and she did not return. It is further alleged that on search the informant came to know that Rishu Kumar (petitioner), Saurabh Kumar and Motilal Singh father of the petitioner have abducted the girl with a bad intention and confined somewhere.

Patna High Court CR. MISC. No.57555 of 2022(3) dt.28-02-2023 2/2 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that the allegation as alleged in the F.I.R. is false and fabricated.

Learned counsel appearing on behalf of the informant and the learned Additional Public Prosecutor for State have vehemently opposed the prayer for bail of the petitioner on the basis of material available on the record and submits that the victim girl was recovered and her statement was recorded under Section 164 Cr.P.C. in which she has categorically stated that the petitioner has committed wrong with the victim and she has also stated that the petitioner had kidnapped her. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Tarapur P.S. Case No. 14 of 2022 pending in the court of learned Chief Judicial Magistrate, Munger.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T