Lal Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25373 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lal Kishore Singh, son of Late Sri Narayan Singh, resident of VillageGonahi, P.S.- Patahi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Patahi P.S. Case No. 52/16 for offences punishable under Sections 366-A and 34 of the Indian Penal Code.

The prosecution case, as lodged by the sister of the victim girl Nidhi Kumari, is that while her mother and father had gone to Bokaro for medical treatment, she had gone for teaching and her sister was alone in the house, the petitioner along with other co-accused on false pretext of marriage has taken her away. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.25373 of 2017 (3) dt.13-07-2017 2/2 falsely been implicated in the aforesaid case. He submits that the victim girl was missing since 16.04.2016, but First Information Report has been lodged after inordinate delay without any plausible explanation. It is submitted that the victim girl has not alleged any overt act against the petitioner and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail stating therein that the victim girl Nidhi Kumari in her statement under Section 164 Cr.P.C. has stated that she was administered intoxicant and taken away by the petitioner and sold in Delhi for a hefty sum to one Raj Kumar, which shows complicity of the petitioner in the aforesaid offence. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Patahi P.S. Case No. 52/2016, pending in the court of learned Chief Judicial Magistrate, East Champaran at Motihari.

Application is, accordingly, rejected.

(Nilu Agrawal, J) Rajesh/- U T