Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18643 of 2019 Arising Out of PS. Case No.-315 Year-2018 Thana- KORHA District- Katihar ====================================================== KUNDAN KUMAR, Son of Phagu Byadha, Resident of Village- Basgrha, P.S.- Korha, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-05-2019 Petitioner seeks bail in connection with Korha P.S. Case No. 315 of 2018, corresponding to Sessions Trial No. 414 of 2018, registered for the offences punishable under Sections 366 and 376A of the Indian Penal Code.

Allegation against the petitioner is of enticing the minor daughter of the informant and it further appears that the statement of the victim girl was recorded in which she has stated the petitioner has forcibly made physical relationship with her. Submission of learned counsel for the petitioner is that there is delay in lodging the FIR, as a matter of fact she eloped with petitioner on her own sweet will and was residing at Katihar from where she was persuaded but due to pressure of her family members, she made statement against the petitioner. Medical report does not support the prosecution story of rape

Patna High Court CR. MISC. No.18643 of 2019(3) dt.21-05-2019 2/2 and he is in custody since 28.8.2018.

Heard learned APP also.

In view of above allegation, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to expedite the trial.

With the above observation, this application is dismissed.

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