Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18485 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== RAUSHAN KUMAR Son of Krishna Chandra Prasad Resident of Village - Telhara Kalan, P.S.- Kundwa Chainpur, District- Motihari, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bairgania P.S. Case No. 218 of 2018, instituted for the offence under Section(s) 363, 366(A)/34 of Indian Penal Code. Subsequently, Section 376 Indian Penal Code was added.

It is alleged in the written report that daughter of the informant went for tuition and did not return. The informant started search and learnt that one of the renters of the house namely, Raushan Kumar (petitioner) has kidnapped the daughter of the informant.

On recovery, the daughter of the informant has given statement under Section 164 Cr. P.C. wherein she has stated that she was kidnapped by the petitioner. He has

Patna High Court CR. MISC. No.18485 of 2019(8) dt.11-07-2019 2/2 committed illegal act with her. In the statement recorded under Section 164 Cr. P.C. the victim girl has stated her age as 13 years. The court below has assessed her age to be 13 years. Learned A.P.P. has stated that in the case diary statement of victim girl recorded under Section 164 Cr. P.C. is available wherein she has levelled specific allegation against the petitioner of kidnapping and committing illegal act with her. Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner stands rejected. The trial court is directed to expedite the trial and conclude the trial as early as possible preferably within a period of six months from the date of receipt of this order. (Sanjay Priya, J) S.Ali/- U T