Dinesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41174 of 2015 Arising Out of PS.Case No. -55 Year- 2014 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Dinesh Das, S/o Ram Pratap Das, resident of Village- Umapat Basant, P.S.- Aurai, Dist- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Verma For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 29-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 366/366-A/323/354 and 504 of the Indian Penal Code.

It has been submitted of behalf of the petitioner that the petitioner is in custody since 16.04.2015. Chargesheet has been submitted in the present case. There is no allegation of tempering with the evidence against the petitioner. It has further been submitted that that the victim girl on her own will had left the house and had married this petitioner. Hence, no offence under Section 366 is attracted against the petitioner. It has been submitted on behalf of the State that

Patna High Court Cr.Misc. No.41174 of 2015 (3) dt.29-10-2015 P2/2 petitioner is named in the First Information Report. From perusal of paragraph No. 59 of the case diary which is the statement of victim girl recorded under Section 164 Cr. P.C., it would appear that she was abducted and she was forcefully made to marry this petitioner and, thereafter, she was assaulted by this petitioner when she objected to marry him.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to this petitioner and the same is accordingly rejected.

Any how, the trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Saif/- U T