Jano Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82571 of 2024 Arising Out of PS. Case No.-238 Year-2024 Thana- BANKA District- Banka ====================================================== Jano Kumar S/O Hemlal Patar @ Hemal Derbey R/O Vill.- Ratanpur, P.S.- Barahat, Dist.- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Damru Raut Son of Bhukhan Ram R/O Vill.- Dewda, P.S.- Banka, Dist.- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Banka P.S. Case No. 238 of 2024 instituted for the offence under Sections 366(A) & 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3.

Prosecution case in short is that on 24-05-2024, petitioner has taken away the daughter of the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-06-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.82571 of 2024(3) dt.19-02-2025 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Victim has left her house at her own volition. There was love affair between the petitioner and the daughter of the informant. There is no eye witness to the occurrence. There is delay of eighteen days in lodging of the FIR. Charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is contended that victim in her statement has corroborated the allegation levelled against the petitioner. Allegation against the petitioner is serious in nature.

7.

Considering the aforesaid facts and circumstances of the case and specifically taking into account the fact that victim has supported the allegation levelled against the petitioner in her statement, this Court, is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected.

(Rudra Prakash Mishra, J) Raj Kishore/- U T