Chandan Bind v. The State Of Bihar

Patna High Court Cr.Misc. No.34964 of 2017 (2) dt.04-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34964 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Chandan Bind Son of Alakh Bind, R/o Village- Tulsibigha , P.S.- Shilao, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No. 149 of 2017, registered for offences punishable under Sections 363, 366(A)/34 of Indian Penal Code and Section 8 of POCSO Act.

Petitioner is brother-in-law (jija) of the victim girl and allegation against him is that he kidnapped her and committed rape on her.

It has been submitted on behalf of the petitioner that from the F.I.R itself it will appear that the girl has gone with the petitioner out of her own sweet will and so far allegation of rape is concerned, the same has also not found support from the medical evidence. Further petitioner has been in judicial custody since 16.04.2017.

Patna High Court Cr.Misc. No.34964 of 2017 (2) dt.04-08-2017 Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the petitioner may renew his prayer for bail after framing of charge in this case.

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