Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65458 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== PANKAJ KUMAR, S/o Ramjee Paswan, R/o village - Murera, P.S. - Konch, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61972 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== ROHIT KUMAR, Son of Anil Vishvakarma Resident of Village - Khiri, P.S. - Wazirganj, Dist. - Gaya.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 65458 of 2019) For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, APP (In CRIMINAL MISCELLANEOUS No. 61972 of 2019) For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2019 In Cr. Misc. No. 65458 of 2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code.

The victim-girl in her statement, under Section 164 Cr.P.C., stated that co-accused Rohit caught her hand and took

Patna High Court CR. MISC. No.65458 of 2019(3) dt.03-12-2019 2/3 her to some distance when two unknown met Rohit. Thereafter, the victim does not remember where she was carried by the accused persons till her recovery.

Considering the fact that victim has not named this petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Wazirganj Police Station Case No. 231 of 2019. In Cr. Misc. No. 61972 of 2019 The victim-girl in her statement, under Section 164 Cr.P.C., stated that petitioner caught her hand and took her to some distance when two unknown met the petitioner. Thereafter, the victim does not remember where she was carried by the accused persons till her recovery.

Submission is that the matter is of some previous love affairs between the two. The victim has not alleged anything more than her movement which was voluntary one. Considering the fact that victim has named this petitioner, let the petitioner, above named, be released on bail, after framing of the charge against the petitioner, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand)

Patna High Court CR. MISC. No.65458 of 2019(3) dt.03-12-2019 3/3 with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Wazirganj Police Station Case No. 231 of 2019. (a) Both the petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) In both the cases both the bailors shall be resident of the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T