Nagendra Choudhary @ Tetku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44872 of 2014 Arising Out of PS.Case No. -388 Year- 2013 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Nagendra Choudhary @ Tetku son of Rajendra Choudhary, resident of Village- Banjari, P.S. Gopalganj, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pranav Kumar, Advocate.

For the Opposite Party : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-04-2015 Heard both sides.

The petitioner seeks bail in Gopalganj P.S. Case No. 388 of 2013, registered for the offences punishable under Section 366, 376(d) and other Sections of the Indian Penal Code. The petitioner and one Ansarul are alleged to have kidnapped the victim from the gate of D.A.V. School. Learned counsel for the petitioner submits that the witnesses present on the gate of the school denied about the occurrence of kidnapping. The victim could not give her statement under Section 164 of the Cr.P.C., immediately after the occurrence. The victim was examined by the doctor and the doctor did not find any injury.

It appears that the victim has made very specific

Patna High Court Cr.Misc. No.44872 of 2014 (4) dt.21-04-2015 2/2 allegation that the petitioner and Ansarul kidnapped her and took her to a lonely place and they have outraged her modesty, when many persons came the accused persons fled away. The victim is a school going girl.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T