Patna High CourtCR. MISC./73857/2023bail rejected

Raju Gope @ Raju Kumar v. The State Of Bihar

2023-11-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73857 of 2023 Arising Out of PS. Case No.-78 Year-2021 Thana- DANIYAWAN District- Patna ====================================================== Raju Gope @ Raju Kumar Son Of Ram Pravesh Yadav R/O VillageSikandarpur, P.S.- Daniyawan, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Singh, Advocate Mr. Shashi Shawkar Singh, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP.100 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Daniyawan P.S. Case no. 78 of 2021 registered under sections 363, 365 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his 12 year old minor daughter was kidnapped by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. It is a case of love affair between the parties. It is stated that the daughter of the informant returned and her statement was recorded under section 164 Cr.P.C wherein she has categorically stated that she went with the petitioner to Mumbai out of her own freewill and

Patna High Court CR. MISC. No.73857 of 2023(2) dt.29-11-2023 2/2 on learning about the registration of the case she returned by herself. The petitioner is in custody since 23.8.2023 and undertakes to cooperate in the trial.

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 allegation against the petitioner and the age of victim daughter of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Shiv/- U T