Govinda Baitha @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67161 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== Govinda Baitha @ Govind Kumar, Son Of Nagina Baitha R/O.- VillageTilokar, P.O.- Tilokhar, P.S.- Chutia, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sweta Singh, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chutiya P.S. Case No. 35 of 2023, lodged on 11.07.2023 under Sections 341, 323, 504, 506, 366(A) & 34 of the Indian Penal Code.

3. As per the prosecution case, the informant has filed FIR about kidnapping of his daughter at the hands of 3 named accused persons including the present petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the alleged victim has recovered and got her statement recorded under sections 161 and 164 Cr.P.C. He further submits that it is a completely concocted story alleged against the petitioner. He further submits that the antecedent of the petitioner

Patna High Court CR. MISC. No.67161 of 2023(2) dt.17-10-2023 2/2 is clean and he is in custody since 22.07.2023. Learned counsel submits that at the instance of informant not only petitioner rather entire family members were made accused.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the rejection order dated 01.08.2023 passed by Additional District and Sessions Judge-VIIcum-Exclusive Special Court, POCSO, it appears that in the statement under section 164 Cr.P.C, the alleged victim has made allegation against the petitioner of kidnapping and also levelled allegation of establishing physical relationship forcefully with her.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Chutiya P.S. Case No. 35 of 2023, pending before the learned Additional District and Sessions JudgeVII-cum-Exclusive Special Court, POCSO Act, Sasaram is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T