Patna High CourtCR. MISC./69029/2023bail rejected

Monu Kumar @ Bablu Kumar v. The State Of Bihar

2023-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69029 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== MONU KUMAR @ BABLU KUMAR, Son of Shambhu Mahto, Resident of Village- Tekniwas, P.S. - Rivilganj, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Rivilganj P.S. Case no. 200 of 2023, registered under section 366A of the Indian Penal Code.

3. As per the prosecution case, the informant states that his two nieces who were both minors disappeared. In course of search it transpired that one Rohit Kumar and the petitioner herein have a hand in their disappearance.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The alleged victims returned and their statements were recorded under section 164 of the Cr.P.C. The application for bail of co-accused Rohit Kumar has been allowed vide order dated 13.12.2023

Patna High Court CR. MISC. No.69029 of 2023(3) dt.20-12-2023 2/2 passed in Cr. Misc. no. 67559 of 2023 with a direction to release him after framing of charge. The petitioner is in custody since 5.7.2023.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the material that has transpired in course of investigation and contents of the statement of the minor victims recorded under section 164 Cr.P.C., the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. In view of the contents of the above order dated 13.12.2023 passed in the case of co-accused Rohit Kumar, liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) avinash/- U T