Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18532 of 2019 Arising Out of PS. Case No.-43 Year-2014 Thana- AANDAR District- Siwan ====================================================== Arjun Singh Son of Late Mahanth Singh Resident of Village - Gopi Patiawn, P.S.- M.H. Nagar, District - Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Rajiv Nayan (App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 365, 366(A)/34 of the Indian Penal Code, in which, later on, Section 376 of the Indian Penal Code and 6 of the POCSO Act was also added.

Prosecution case in short is that the accused persons conspired to each other and disappeared the minor daughter of the informant with criminal intent.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 21-01-2019. Charge sheet has already been submitted. The petitioner has been falsely

Patna High Court CR. MISC. No.18532 of 2019(4) dt.06-08-2019 2/2 implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The victim girl has been examined under Section 164 of the Cr.P.C. She has stated that the petitioner forcibly solemnized married with her. The victim is aged about 13-15 years whereas the petitioner is aged about 46 years.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Aandar P.S. Case No. 43 of 2018 is rejected.

Learned trial court is directed to expedite the trial. (Sudhir Singh, J) A.K.V.//- U T