Rajendra Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49838 of 2017 Arising Out of PS. Case No.-571 Year-2008 Thana- FORBESGANJ District- Araria ====================================================== Rajendra Bahardar son of Hira Lal Bahardar, resident of village-Kavilasi, P.S. Simraha, Distt. Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. SRI LALAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Forbesganj P. S. Case no. 571 of 2008 registered for the offences punishable under Sections 365 and 366 of the Indian Penal Code.

Allegation against petitioner is that while informant's daughter, namely, Manju Kumar @ Golki went to market with Rs. 10,000/-, the accused petitioner kidnapped her on the pretext to get married with her.

It is submitted on behalf of the petitioner that he has falsely been implicated in the present case. He has been made accused in the present case merely on suspicion. Petitioner has got no criminal antecedent. He is in custody since 28.05.2017. Learned counsel appearing on behalf of the State opposes

Patna High Court Cr.Misc. No.49838 of 2017(3) dt.13-12-2017 2/2 the prayer for bail stating that two co-villagers have seen petitioner taking away daughter of informant. Though the victim girl was recovered from Nepal but in her statement recorded under Section 164 Cr. P.C., she has stated that she was kidnapped by the petitioner and after investigation police found the case true. In paras-6, 7, 8, 9, 10, 11 of the case diary, witnesses have supported the prosecution case. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, it is dismissed.

(S. Kumar, J) sudip/- U T