Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39134 of 2016 Arising Out of PS.Case No. -212 Year- 2011 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Chandan Kumar Singh, Son of Raghubansh Singh .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she stated that she was kidnapped by the petitioner and co-accused, Kundan but she admitted that petitioner as well as aforesaid Kundan are her relatives and she also admitted that she was never sexually exploited by the petitioner as well as aforesaid Kundan. However, in course of investigation, it came to light that victim used to talk with petitioner on telephone.

Submission on behalf of the petitioner is that victim

Patna High Court Cr.Misc. No.39134 of 2016 (3) dt.17-11-2016 2/2 was major at the time of alleged occurrence and as a matter of fact, she was never kidnapped by the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari P.S. Case No. 212 of 2011.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T