Rupak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89797 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Rupak Kumar S/O Shivjee Sahani R/O Vill.- Paharpur, P.S- Triyani, Dist.- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar,Adv.
For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Tariyani PS Case No. 94 of 2024 dated 19-05-2024, instituted under Sections 363, 366A and 366 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 16.05.2024, while the informant was sleeping in his house, he woke up to find that his daughter, Rani Kumari, was missing. He searched for her in the house of his well-wisher but did not find her. On 17.05.2024, at around 4:00 PM, he received a call on his mobile number (7323946772) from an unknown number (9049960129).He answered the call, and the caller (daughter) said that she was on a train. When he inquired about the person accompanying her, she did not respond. Prior to that, the
Patna High Court CR. MISC. No.89797 of 2024(3) dt.19-04-2025 2/3 petitioner used to talk to her on mobile number 8651192196, which belongs to the informant. The informant later received information that the petitioner, along with Shivjee Sahi, Nilam Devi, Sita Devi, and Ranjeet Sahni, had kidnapped and taken his daughter away.
4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that the victim was recovered by the police from the bus stand situated at Narwara Bazar on 21.05.2025. Her statement was recorded under Section 161 of the Cr.P.C., wherein she denied the allegations made in the First Information Report. In her statement, the victim stated that she is 18 years old. Learned counsel next submits that on the same day, her statement was recorded by the Magistrate under Section 164 Cr.P.C., wherein she did not disclose any wrongful act committed by the petitioner. It is further submitted that there was a love affair between the petitioner and the victim. The petitioner is a young boy, aged about 21 years, pursuing his studies and has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in
Patna High Court CR. MISC. No.89797 of 2024(3) dt.19-04-2025 3/3 the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge 1st -cum-Special Judge POCSO, Sheohar, in Tariyani PS Case No. 94 of 2024, subject to the conditions laid down in Section 438(2) of the Cr. P.C.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U