Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58123 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== RAJEEV KUMAR Son of Ramasharay Rajvanshi Resident of village - Konar Nagar, P.S.- Rajgir, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 13.07.2022 in connection with Govindpur P.S. Case No. 157 of 2022, F.I.R. dated 20.05.2022 registered for the offence punishable under Sections 363,366A/34 of the Indian Penal Code.

The daughter of the informant is alleged to have been kidnapped by the petitioner and others.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated. No such occurrence had taken place.

Patna High Court CR. MISC. No.58123 of 2022(5) dt.21-04-2023 2/2 Learned APP for the State, on the other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material against the petitioner for involvement in the present case and the victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has categorically stated that the petitioner has committed rape upon her and the statement of the co-accused also supported the allegation as alleged in the FIR as well as the 164 Cr. P.C. statement of the victim.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Govindpur P.S. Case No. 157 of 2022, pending in the court of learned Judicial Magistrate, 1st class, Nawada.

Prayer is refused.

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