Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83523 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SONEPUR District- Saran ====================================================== Raja Kumar Son of Babu Ray Resident of Village- Fatehpur Chain, P.S.- Awtar Nagar, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Singh, Advocate :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-02-2025 Heard Mr. Basant Kumar Singh, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sonepur P.S. Case No. 09 of 2024, F.I.R. dated 03.01.2024 for the offences punishable under Sections 366A & 34 of the Indian Penal Code.

3. According to prosecution case, petitioner with the help of his mother and other associates kidnapped the daughter of the informant. It is further alleged that when the informant contacted him, the father of the petitioner became aggressive and adamant to assault the informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.83523 of 2024(4) dt.11-02-2025 2/2 petitioner is innocent and he has falsely been implicated in the present case in fact the petitioner was in love with the victim girl. He further submits that as per medical report of the victim the victim girl was major at the time of the occurrence.

5. Learned Additional Public Prosecutor for the State, on the other hand, on the basis of material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that statement of the victim was recorded under Section 164 Cr.P.C./under Section 183 of the B.N.S.S., 2023 in which she has categorically stated that petitioner has committed wrong with her and apart from that the school certificate of the victim girl suggests that on the date of occurrence the victim was minor.

6. Considering the allegation as alleged in the F.I.R and the materials available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Sonepur P.S. Case No. 09 of 2024 pending in the court of learned Chief Judicial Magistrate, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T