Rajnish Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Opposite Party/s : Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 20-08-2024

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Heard the learned counsel for the petitioner and

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learned APP for the State.

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This is an application for regular bail on behalf

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of the petitioner for the offences alleged under Sections 354(A), 354(B), 504 and 506 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act, registered in connection with Konch P.S.Case No. 590 of 2023.

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The informant is the mother of the victim girl, aged about 13 years. The FIR reveals that the petitioner invariably used to tease and misbehaved with the victim on way to her school and also used to make videos of the girl. On 10.12.2023 at about 8.00 a.m., he came to the house of the

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Patna High Court CR. MISC. No.29049 of 2024(4) dt.20-08-2024 2/3

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informant and threatened her to create hindrance in settlement of marriage of the victim to someone else, relegating the minor girl and the informant to the state of trepidation and consternation.

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The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. His further submission is that the victim did not support the prosecution case during the trial.

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On the other hand, the learned APP has opposed the prayer for bail by submitting that the FIR itself reveals that due to fear of ugly scene being created by the petitioner, the fearstricken mother (the informant) sent the victim to her maternal village (nanihal), which shows that the petitioner is person of rowdy nature and due to his fear being writ large, the victim was sent to her maternal house (nanihal). The learned APP has further asserted that, as per the school certificate, the date of birth of the victim is 08.02.2009, which shows that the victim was aged 13 years on the day of occurrence.

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From perusal of the deposition of the victim, it transpires that she has categorically stated that the petitioner used to abuse her mother and due to his ugly scene being created, she was sent to her maternal home (nanihal).

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Patna High Court CR. MISC. No.29049 of 2024(4) dt.20-08-2024 3/3

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In my view, the petitioner does not deserve the privilege of bail due to his rowdiness, casting adverse impact on the psyche of the victim and the informant. The prayer for bail on his behalf is hereby rejected.

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(Nawneet Kumar Pandey, J)

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HR/-

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U T

Rajnish Kumar v. The State of Bihar

Case brief

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Rajnish Kumar v. The State of Bihar

Case brief

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