Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60107 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- RAHUI District- Nalanda ====================================================== Satish Kumar S/o Sri Gopal Ram R/o vill - Majidpur, 187, Chunnu Chak, P.S._ Rahui, Distt. - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Akhilesh Ram S/o Awadhesh Ram R/o vill - Majidpur, 187, Chunnu Chak, P.S._ Rahui, Distt. - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rahui P.S. Case No.556/2023, registered for the offence punishable under Sections 363, 366A & 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that his minor daughter aged about 15 years had gone to a shop on 13.12.2023 and while returning Mohit enticed his daughter and took her to Devi Asthan, where Satish (petitioner)

Patna High Court CR. MISC. No.60107 of 2024(2) dt.25-09-2024 2/3 was already waiting on his motorcycle and thereafter it is alleged that petitioner went with the daughter of the informant and thereafter the informant went to the house of the petitioner but he was abused and assaulted by the family members of the petitioner.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that the petitioner and the informant was known to each other from before and the petitioner on her own volition had left with the informant. It is also submitted that the victim has come back and her statement has been recorded under section 164 Cr.P.C.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the order impugned, it would manifest that the same records that the statement of the victim was recorded under section 164 Cr.P.C., wherein she has stated that Rahul and petitioner forcefully took her to her aunt's place and kept her confined in a room for two days and acted inappropriately. It is also submitted that the age of the victim as disclosed in her statement recorded under section 164 Cr.P.C. is 15 years and even the learned court has assessed her age as 15 years. It is thus submitted that the

Patna High Court CR. MISC. No.60107 of 2024(2) dt.25-09-2024 3/3 victim was a minor and she is alleging that petitioner had taken her to her aunt's place, where she was confined and acted inappropriately.

6. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. The anticipatory bail application of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T