Handil Mali @ Harendra Mali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22664 of 2019 Arising Out of PS. Case No.-138 Year-2016 Thana- SUGAULI District- East Champaran ====================================================== HANDIL MALI @ HARENDRA MALI Son of Sathu Mali Resident of Village - Hariyara Haraj, P.S.- Shikarganj, Distt - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 366, 372, 504, 120(B)/34 of the Indian Penal Code.
The prosecution case in short is that the accused persons forcibly abducted the married daughter of the informant.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.10.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The date of occurrence is 5.3.2016 but the complaint case was
Patna High Court CR. MISC. No.22664 of 2019(3) dt.02-05-2019 2/2 filed on 1.4.2016. The delay in lodging the case has not been explained.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. instituted under Section 156(3) of the Cr.P.C. As per Section 164 Cr.P.C. statement of the victim, she was forcibly taken by the accused persons including the petitioner and sold to one Chote Lal Mali who subjected the victim to sexual abuse.
Considering the nature of accusation, I am not inclined to grant bail to the petitioner in connection with Sugauli P.S. Case No. 138/16 at this stage. The same is rejected. (Sudhir Singh, J) Pankaj/- U T