Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1714 of 2023 Arising Out of PS. Case No.-124 Year-2021 Thana- PATORI District- Samastipur ====================================================== Rajeev Kumar Son Of Shtroghan Rai @ Shatrudhan Ray Resident Of Village - Mohanpur, P.S.- Patori (Mohanpur O.P.), District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Patori (Mohanpur O.P.) P.S. Case No. 124 of 2021 registered under sections 363, 366, 366A and 34 of the Indian Penal Code.

Allegation against the co-accused persons including this petitioner is that, when the daughter of the informant went to attend nature call, then they kidnapped his daughter for the purpose of commission of wrong.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.1714 of 2023(2) dt.28-03-2023 2/3 falsely been implicated in this case due to previous enmity between the family of the informant and the petitioner. It is further submitted that the statement of the victim was recorded under Section 164 of the Cr.P.C, in which she does not whisper any complicity of the petitioner in this case. She further stated that she went with the co-accused, namely, Mukul Kumar and solemnized marriage with him out of her own sweet will. The petitioner has no concern with the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 15.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Patori (Mohanpur O.P.) P.S. Case No. 124 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI cum Spl. Court

Patna High Court CR. MISC. No.1714 of 2023(2) dt.28-03-2023 3/3 (POCSO) Samastipur, District- Samastipur.

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