Patna High CourtCR. MISC./22412/2015disposed

Chandan Kumar Tiwari v. The State Of Bihar

2015-07-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22412 of 2015 Arising Out of PS.Case No. -141 Year- 2014 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Chandan Kumar Tiwari S/o Sri Bhagwan Tiwari R/o Village - Chake Dihra, P.S. Bhagwanpur, District - Kaimur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar -3 For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 363, and 366A/34 of the Indian Penal Code.

It is alleged that the daughter of the informant was kidnapped by the accused persons and the victim in 164 Cr.P.C. statement stated that the petitioner not only ravished her but also allowed others to ravish on the promise of marriage. Earlier also the victim was kidnapped.

It is submitted by learned counsel for the petitioner that for the occurrence of 17.6.2014 the FIR was lodged on 2.7.2014 when there was no FIR or intimation to the police about the earlier kidnapping of the victim. The petitioner side filed informatory

Patna High Court Cr.Misc. No.22412 of 2015 (2) dt.06-07-2015 2/2 petition against the informant and others on 5.6.2014. The medical board assessed the age of the victim between 19-20 years and no sign of recent sexual assault was found. More over, the informant has retracted from the initial version and has filed a petition to that effect before the learned court below.

Let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Shivsagar (Baddi) P.S. Case No. 141 of 2014 pending in the court of learned C.J.M., Rohtas at Sasaram.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T