Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13955 of 2020 Arising Out of PS. Case No.-130 Year-2019 Thana- PIPRA District- East Champaran ====================================================== Brajesh Kumar, Son of Niranjan Ram, Resident of Village - Chakbara, P.S.- Pipra, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Pipra P.S. Case No.130 of 2019, registered for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code.

Allegation has been made that on 07.05.2019 at about 7 O' Clock in the morning, the informant's neighbour Rajesh Ram came at his door and called his daughter, on which, she came outside the house and went with the said Rajesh Ram. After one hour, when the informant asked about his daughter from Rajesh Ram and Rita Devi, on which, they replied that his daughter had gone with Brajesh (petitioner). It is alleged that the

Patna High Court CR. MISC. No.13955 of 2020(4) dt.08-10-2020 2/2 accused persons have taken the daughter of the informant for illegal purposes. The statement under Section 164 Cr.P.C. has been recorded wherein specific allegation of overt act has been made against the petitioner. Her age has been mentioned as 13 years in the column of age of the victim.

Counsel for the petitioner submits that FIR has been lodged on the next day and 164 Cr. P.C. statement has been recorded after a long delay and he is in judicial custody since 29.07.2019.

Looking to the entire facts and circumstances of the case, for the present, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected for the present.

(Shivaji Pandey, J) V.K.Pandey/- U T