Ayush Kumar @ Samant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77996 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Ayush Kumar @ Samant Kumar Son of Mirkin Mahto @ Amirchand Mahto @ Amirchandra Prasad Singh Resident of Village - Abgil Rampur, P.S - Mednichouki, District - Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruby Devi Wife of Vinay Yadav Resident of Village - Abgil Rampur, P.S - Mednichouki, District - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State. None appears on behalf of the informant despite being informed telephonically.

2. The petitioner seeks bail in connection with POCSO No. 31 of 2024 arising out of Mednichouki P.S. Case No. 143 of 2023 instituted for the offences under Sections 363, 366A/34 of the Indian Penal Code.

3. Accusation against the accused persons including the petitioner is of kidnapping the informant's daughter with ill intentions.

Patna High Court CR. MISC. No.77996 of 2024(8) dt.19-03-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the present case due to ulterior motives. Learned counsel further submitted that even as per medical report of the victim, there is no sign of sexual assault and therefore, learned counsel contends that the allegations levelled against the petitioner are false and concocted. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.01.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victim in her statement recorded under Section 164 of the Cr.P.C. has fully supported the case of the prosecution. Learned APP further submitted that police, after investigation, submitted charge-sheet under Sections 366A, 376 of the IPC and Section 6 of the POCSO Act. Learned APP further submitted that charge has also been framed against the petitioner under Sections 451, 366A, 376D of the IPC and Section 6 of the POCSO Act.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not

Patna High Court CR. MISC. No.77996 of 2024(8) dt.19-03-2025 3/3 inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to conclude the trial in an expeditious manner without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Alok Verma/- U T