Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46186 of 2017 Arising Out of PS.Case No. -279 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Chandan Kumar Son of Kamakhya Ram , R/o Village- Chhota Sasaram, P.S.- Udwant Nagar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.

This application is for grant of regular bail in connection with Udwant Nagar P.S.Case no.279 of 2016 for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the minor girl of the informant.

Submission of the learned counsel for the petitioner is that there is delay of 13 days in lodging the FIR and further submission is that whole prosecution case is not believable in the sense that it is not probable that the whole family members will kidnap the girl and commit rape upon her.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46186 of 2017 (3) dt.07-11-2017 2/2 Having heard both sides and in view of statement of the girl recorded under Section 164 Cr.P.C., allegation of kidnapping against the petitioner and there is allegation against this petitioner also of committing rape upon her, as such, I am not inclined to grant bail to the petitioner, hence the prayer for bail of the petitioner is rejected, however as the petitioner is in custody since 12.4.2017, the learned trial court is directed to expedite the trial of the case.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T