Patna High CourtCR. MISC./21395/2015disposed

Sunil Kumar @ Sunil Kumar Roy @ Sunil Roy v. The State Of Bihar

2015-06-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21395 of 2015 Arising Out of PS.Case No. -96 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ====================================================== SUNIL KUMAR @ SUNIL KUMAR ROY @ SUNIL ROY Son of Vijay Roy Resident of Village- Dhamagatpur Bathua, P.S. Pusa, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Deepak Kumar Singh For the Opposite Party : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363. 366(A)/34 of the Indian Penal Code.

The accusation is kidnapping the minor daughter of the informant. The informant claims the petitioner to be his maternal brother. The petitioner is not named in the First Information Report. The name of the petitioner sprang up in the 164 Cr.P.C statement of the victim where she stated that initially she was being kidnapped by this petitioner and one Savita Devi and thereafter the victim was forced to go to Delhi by train where the petitioner wanted to sell the victim. The victim has further admitted that she of her own married with one Ajay Kumar.

Patna High Court Cr.Misc. No.21395 of 2015 (3) dt.24-06-2015 2/2 It is submitted by learned counsel for the petitioner that in 164 Cr.P.C statement maliciously the victim has named the petitioner in order to save the actual accused. Moreover the victim in her 164 Cr.P.C statement got her age recorded as 19 years.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The inconsistencies in the Cr.P.C statement of the victim constitute ground for consideration of regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Tajpur P.S. Case No. 96 of 2014, pending in the Court of learned Judicial Magistrate, 1st Class, Samastipur.

Accordingly the application is disposed off.

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