Rabi Kumar @ Pampam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72624 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== RABI KUMAR @ PAMPAM Son of Binod Tanti R/V- Gopal Road, sultanganj, P.S- Sultanganj, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 363, 366-A and 376 of the Indian Penal Code and Sections 4 and 17 of the POCSO Act.

The allegation against the petitioner and another is of kidnapping the daughter of the informant for the purpose of marriage.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There was love affairs between victim and petitioner. He submitted that the victim had gone with the petitioner out of her sweet will. The victim girl has recovered. Petitioner is languishing in judicial custody since 11.04.2022.

Patna High Court CR. MISC. No.72624 of 2022(4) dt.19-04-2023 2/2 Learned APP for the State has opposed the application for bail and submitted that victim girl has recovered and stated in her statement recorded u/s 164 of the Cr.P.C., that this petitioner had taken her to Barodara and thereafter in the night he committed rape upon her. She further stated that other co-accused namely, Kundan Kumar Tanti also snatched Rs. 30,000/- along with other articles and threatening her not to disclose his name. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U T