Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79284 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Rohit Kumar Son of Govind Sahni @ Bhikhari Sahni @ Govind Kumar Resident of Village- Raghunathpur Imadpur, P.S.- Bhagwanpur, DistrictVaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chinta Devi w/o Sudhir Sahni, R/O of village - Raghunathpur, P.S. Bhagwanpur, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Md. Iftekhar Mahmood, APP For the Informant :

Ms. Supriya Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 163 of 2024, instituted for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons have kidnapped daughter of the informant from a fair.

Patna High Court CR. MISC. No.79284 of 2024(3) dt.30-01-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there is delay of two days in lodging the FIR. Petitioner and victim have love affair in between them. The victim girl had fled away along with the petitioner from her parental house to Punjab. It is further submitted that as per medical report, it appears that, neither external injury nor recent sexual activities has been found. The petitioner is in custody since 28.06.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that the victim in her statement recorded under Section 164 Cr.P.C. has specifically mentioned against the petitioner is of kidnapping and doing wrongful activities with her. It is further submitted that there is specific allegation against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.79284 of 2024(3) dt.30-01-2025 3/3

7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T