Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83143 of 2019 Arising Out of PS. Case No.-343 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== ROHIT KUMAR Son of Subodh Paswan Resident of Village - Udaypur, P.S.- Parbatta, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2020 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Parbatta P.S. Case No. 343 of 2019, registered under Section 363 and 366(A)/34 of the Indian Penal Code, pending in the court of the learned Addl. Chief Judicial Magistrate-I, Khagaria.

The accusation is that on 26.08.2019 at about 3.00 P.M., daughter of the informant, aged about 16 years, left house for coaching at Parbatta, but she did not return to her house. In course of search, informant came to know that Banti Kumar, Nepali Paswan and Manju Devi enticed away her daughter and kept her in lonely place.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner surfaced in

Patna High Court CR. MISC. No.83143 of 2019(2) dt.09-01-2020 2/2 the statement of victim recorded under Section 164 Cr.P.C. on 31.08.2019 in which she stated that she along with Banti used to study together and Banti asked her that his mother called her then she went to meet his mother, where mother of Banti asked her to perform marriage with Banti, but she refused and proceeded for her home, then in the way, Banti and Rohit (petitioner) met and sat her forcibly on the bike and brought her to Maheshkhut and confined her in a room. Thereafter, he tried to outrage her modesty, but she, anyhow, moved from there and reached at railway station, where Police took her in their possession.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T