Patna High CourtCR. MISC./48403/2016disposed

Indu Devi v. The State Of Bihar

2016-11-26Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48403 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== Indu Devi Wife of Shri Kapildeo Singh Resident of Village & PostLakhanpatti, P.S.-Khodawandpur (Chhourahi O.P.), District-Begusarai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-11-2016 Heard Mr. Arun Kumar for the petitioner and Mr. Raman, APP for the State.

The petitioner prays for bail in Khodawandpur (Chhourahi O.P.) P.S. Case No. 92 of 2016 registered under sections 363 and 365 IPC.

The allegation is that the petitioner being an acquaintance of the informant, kidnapped his five-year-old daughter and carried on a motorcycle driven by her son. On arrest, she made a confessional statement which led to recovery of the victim girl from a temple precinct.

The contention of the petitioner is that the recovery was not made from the house of the petitioner. The petitioner has clean antecedents and is in custody since 17.08.2016. The allegation is specific against her son Mithilesh Kumar who kidnapped the

Patna High Court Cr.Misc. No.48403 of 2016 (2) dt.26-11-2016 2/2 victim girl.

Learned APP opposed the prayer and contended that the victim in her statement made under section 164 Cr. P.C. has named the petitioner as one of the accuseds who kidnapped and confined the victim girl.

Considering the facts and circumstances of the case, this Court, for the present, is not inclined to extend the petitioner the privilege of bail. Prayer is accordingly rejected. However, it is observed if the trial does not record adequate/sufficient progress/headway within six months from the date of receipt/production of a copy of this order, the petitioner shall have liberty to renew his prayer for bail in the court below itself which shall be considered and disposed of on its own merit in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T