Dileep Kumar @ Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6606 of 2018 Arising Out of PS.Case No. -175 Year- 2017 Thana -NAUBATPUR District- PATNA ====================================================== Dileep Kumar @ Dilip Rai S/o Vijendra Rai R/o Village- Gopalpur, P.S.- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sucheta Yadav, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Naubatpur P.S. Case No. 175 of 2017 registered under Sections 363 and 366(A) of the Indian Penal Code.

Petitioner is said to have kidnapped the daughter of the informant when she had stepped out of the house in the night for defecation.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case because he had assaulted the victim over row of grazing of his maize field by her cattle. The petitioner happens to be co-villager. The petitioner has

Patna High Court Cr.Misc. No.6606 of 2018 (3) dt.15-03-2018 2/2 been languishing in custody since 27.07.2017. On the other hand, learned APP for the State vehemently opposed the prayer for bail submitting that the victim in her statement recorded under Section 164 Cr.P.C. has candidly stated that the petitioner had kidnapped her and kept her in a room at an unknown place and committed rape against her for one month, hence he does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

(Prakash Chandra Jaiswal, J) Mishra/- U T