Patna High CourtCR. MISC./84067/2019bail rejected

Rajesh Kumar v. The State Of Bihar

2019-12-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84067 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- DINARA District- Rohtas ====================================================== Rajesh Kumar Son of Sri Brij Bihari Khar, resident of village - Navwan, P.S.- Dinara, Distt.- Rohtas (Sasaram).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr.Bharat Lal Mr. Vivekanand Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. In this case, the petitioner is seeking regular bail in connection with Dinara P.S. Case No.119 of 2019 registered for offence punishable under section 366(A)/34 IPC and section 8 POCSO Act.

Allegation has been made against the petitioner that the petitioner is a villager and took away the minor daughter of the informant for the purposes of marriage. The name of the present petitioner, Rajesh Kumar, Brij Bihari Kahar, Mintu Kumar, Manorma Devi and Renu Devi has been taken in the alleged offence. The girl has been rescued and she has made her statement under section 164 Cr.PC. before the Magistrate that

Patna High Court CR. MISC. No.84067 of 2019(2) dt.18-12-2019 2/2 she is in 9th class and her aunt call, allured her and took away to her house and whereafter she gave a ring on mobile and asked the present petitioner, Rajesh Kumar to stay at Bikramganj, whereafter, she took the girl and handed over to Rajesh Kumar who forcefully put the vermilion on her forehead, whereafter Rajesh Kumar took away the girl to New Delhi, kept her there for three months and in course of investigation, the victim has stated that her aunt had given Rs.5,000/- and forcefully took her at Bikramganj.

Looking to the allegation part, this Court is not inclined to grant bail to the petitioner and, accordingly, his prayer for bail is rejected. The photo copy of deposition of the victim girl, made under section 164 Cr.PC. in format, is kept on record for future reference.

(Shivaji Pandey, J) Mahesh/- U T