Binay Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51342 of 2017 Arising Out of PS.Case No. -257 Year- 2017 Thana -BARACHATTI District- GAYA ====================================================== Binay Pathak, Son of Late Tapeshwar Pathak, Resident of VillageUtarain, P.S.- Konch, District- Gaya. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Saxena, Advocate For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.05.2017 in connection with Barachatti P.S. Case No. 257 of 2017 for the offences alleged under Sections 363 and 365 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the so-called victim girl was seeking employment with NGO in which the petitioner was also an employee. It is claimed that the victim girl is not minor.

4. Having regard to the nature of accusations and gravity of the offence alleged as well as deposition of the victim girl who is assessed to be 15 years of age wherein she has made specific allegation against the petitioner of having taken her away on the point of pistol, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) B.T/Chandran U T