Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85340 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== Ravindra Kumar, aged about 19 years, Male, S/O Rambachan Vind, Residence of Village - Lakhawar Saidpur, P.S.- Ghosi, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner, counsel for the informant and counsel for the State.

Petitioner, apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code.

Informant who is the father of the victim has alleged in his written complaint that on 21.03.2019 at about 7:00 P.M. his minor daughter had gone outside to attend the call of nature when he was forcibly taken away by the petitioner and when he went to his house they abused and assaulted him. Statement of the victim girl has been recorded under Section 164 of Cr.P.C. in which she has supported the allegation made in FIR of her kidnapping and committing rape by the petitioner. It has been submitted on behalf of the petitioner that FIR was lodged after seven days of alleged occurrence on

Patna High Court CR. MISC. No.85340 of 2019(2) dt.09-01-2020 2/2 28.03.2019 whereas the occurrence is of 21.03.2019. It is further submitted that the informant himself filed an affidavit before the concerned court that his daughter had gone to the residence of Fua as she was scolded and similar affidavit has been filed by the victim that she went to the house of her fua when she was scolded by her mother. It has been further submitted that the girl of the informant was married to Rakesh Kumar on 05.05.2018 as such the allegations are false and concocted and he has been implicated in this case on account of animosity and village rivalry.

Counsel for the informant appeared and vehemently opposed the prayer for grant of bail and submitted that victim has supported the allegation in her statement recorded under section 161 Cr.p.c. by police as well as under section 164 Cr.p.c. recorded by court.

In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected.

(S. Kumar, J) Rajiv/- U T