Sushil Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9013 of 2016 Arising Out of PS.Case No. -76 Year- 2014 Thana -POTHIYA District- KISANGANJ ======================================================

1. Sushil Soren son of Bijay Soren resident of village- Chilhamari, P.S.- Pothia, District- Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 365, 366A and 379/34 of the I.P.C Allegedly, Lakhi Kumari, the daughter of the informant, was taken away by the petitioner with cash of Rs. 50,000/- and the ornaments. During investigation the victim girl was recovered and her statement has been recorded under section 164 of the Cr.P.C wherein she has supported the allegation of kidnapping by the petitioner as well as that the petitioner committed rape with her and caused threats to kill her and further she has been found aged 16 years only which is evident from the impugned order itself.

Patna High Court Cr.Misc. No.9013 of 2016 (2) dt.25-04-2016 2/2 Submission is of false implication and that the petitioner is in custody since 21.03.2014, it is a case of love affair, from plain reading of the First Information report it is apparent that the victim girl went out of her own sweet will with the cash and ornaments, but later on she alleged allegation against the petitioner and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. seriously opposes. In the facts and circumstances as stated above, considering the statement of the victim girl recorded under section 164 of the Cr.P.C. and finding the allegation against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sessions Trial No.

730 of 2014 arising out of Pothia P.S. Case No. 76 of 2014 pending in the court of the Additional Sessions JudgeII, Kishanganj. However, considering detention of the petitioner, let the trial be expedited and concluded preferably within a period of six months from the date of receipt/production of a copy of this order after taking the same on the priority basis.