Sunny Kumar Giri @ Sani Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77564 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- JADOPUR District- Gopalganj ====================================================== SUNNY KUMAR GIRI @ SANI KUMAR GIRI S/o Umesh Kumar Giri @ Umesh Giri R/o Vill.- Jadopur Sukul, P.S.- Jadopur, Distt.- Gopalgunj. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Prasad Singh For the Opposite Party/s :
Mr.Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with S.Tr. No.555 of 2017, arising out of Jadopur Police Station Case No.34 of 2017, registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code. Earlier this Court had refused the prayer for bail of the petitioner on 08.02.2018 in Criminal Miscellaneous No.59787 of 2017, as allegation against the petitioner was that minor daughter of the informant was kidnapped and raped by him.
The victim has supported the aforesaid allegation in her statement recorded under Section 164 of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.77564 of 2018(2) dt.06-02-2019 2/2 Fresh ground for reconsideration is that nine prosecution witnesses have been examined, minus the victim girl and they have not supported the allegation. Let the Superintendent of Police, Gopalganj ensure examination of the victim before the trial court in S.Tr. No.555 of 2017, arising out of Jadopur Police Station Case No.34 of 2017 within three months.
After examination of the victim, the petitioner may renew prayer for bail before the court below itself, who shall pass a reasoned order.
Accordingly, prayer for bail stands refused.
(Birendra Kumar, J) abhishek/- U T