Sonal Kumar @ Sonal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43259 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -AMBA District- AURANGABAD ====================================================== Sonal Kumar @ Sonal Kumar Singh son of Shri Pradeep Singh Resident of Village - Baliya; Police Station - Amba; District - Aurangabad, Bihar. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Amba P.S. Case No.40 of 2015 (G.R. No.864 of 2015), registered for the offence punishable under Sections 366A/34 and 376 of the Indian Penal Code.

Allegation has been made that petitioner and other co-accused have kidnapped the daughter of the informant and kept her in confinement for three days and later on, she was recovered by the police.

Learned counsel for the petitioner submits that coaccused, Dipak Kumar Singh, who has been arrested on 25.07.2015, has been granted bail by this Court vide order dated 27.10.2015 passed in Criminal Miscellaneous No.47261 of

Patna High Court Cr.Misc. No.43259 of 2016 (2) dt.05-10-2016 2/2 2015. Similarly, co-accused, Rahul Kumar and Yogendra Singh, have been granted bail by this Court vide order dated 05.07.2016 passed in Criminal Miscellaneous No.26219 of 2016 and order dated 07.04.2016 passed in Criminal Miscellaneous No.14278 of 2016 respectively.

The victim-girl in her statement recorded under Section 164 of the Cr.P.C. has specifically taken the name of the petitioner to have perpetrated the crime against her. Learned counsel for the petitioner further submits that the police after investigation, the Police submitted the Final Form against the petitioner, but the Court below has taken cognizance. However, the statement of the girl itself indicates the manner in which the offence has been committed. In such view of the matter, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail is rejected. However, liberty is granted to the petitioner to renew his prayer for bail after completing six month's judicial custody.

(Shivaji Pandey, J) pawan/- U