Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29243 of 2017 Arising Out of PS.Case No. -246 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Pawan Kumar, Son of Sri Shashi Bhushan Singh, resident of village Eqwalganj, Nishalpur, Police Station Ranitalab, in the district of Patna presently residing at Mahabir Nagar, Bihta, Police Station Bihta in the district of Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vinod Kumar, son of late Dina Nath Prasad, resident of village Bihta Police Station, Bihta, Distt. Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in P.S. Case Bihta P.S. Case No. 246 of 2017 instituted for the offence under Sections 363 and 366 of the Indian Penal Code.

As per written report, there is specific allegation against this petitioner of kidnapping the daughter of the informant and committing illegal act with her. It is further alleged that petitioner being a married person and father of two children, has kidnapped the daughter of the informant and committed illegal act with her.

The victim girl has given her statement under Section

Patna High Court Cr.Misc. No.29243 of 2017 (4) dt.09-10-2017 2/2 164 Cr. P.C. annexed as Annexure-2 wherein she has levelled specific allegation against this petitioner of kidnapping and confining her in a room and forcefully establishing physical relationship with her.

Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner stands rejected. It has been submitted that petitioner is in custody since 19.04.2017.

The petitioner is given liberty to renew his prayer for bail in the court below after six months if no substantive progress is made in the trial in the court below which shall be disposed off by the court below in accordance with law. The court below in that order will give reason for not disposing off the case within aforesaid period.

(Sanjay Priya, J) S.Ali/- U T