Patna High CourtCR. MISC./27294/2014rejected

Amit Kumar Singh v. The State Of Bihar

2015-02-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27294 of 2014 Arising Out of PS.Case No. -32 Year- 2013 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Amit Kumar Singh son of late Ranjeet Singh Resident of Village - Saraiya, P.S. Choutham, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sanjay Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner as well as the learned A.P.P representing the State.

The petitioner seeks bail in a case for the offences punishable under sections 363, 366(A), 34 of the I.P.C. Allegedly the petitioner and other co-accused kidnapped Guriya Kumari, minor daughter of the informant aged 14 years and during investigation the victim was recovered and her statement has been recorded under section 164 Cr. P.C. wherein she has named the petitioner that he kidnapped forcibly, married with her and thereafter committed rape with her. Submission is that F.I.R. has been lodged after two months. There is no explanation of delay. The victim was recovered not with the petitioner but she was recovered by the

Patna High Court Cr.Misc. No.27294 of 2014 (6) dt.16-02-2015 2/2 Police from Bus Stand and her statement has been recorded under section 164 Cr.P.C. which is quite contradictory from the F.I.R. The learned A.P.P. opposes prayer for bail.

Considering the submissions urged at the bar, going through the records and the case diary as also noticing that the victim girl has stated the name of the petitioner to have kidnapped her, married forcibly and committed rape with her and as such this Court is not persuaded to release the petitioner on bail and accordingly his prayer for bail stands rejected in connection with Singhia P.S. Case No. 32 of 2013 pending in the Court of A.C.J.M. Rosera, District- Samastipur.

(Jitendra Mohan Sharma, J) Abhay/- U T