Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24106 of 2019 Arising Out of PS. Case No.-202 Year-2017 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== SUMANT KUMAR, Son of Ashok Singh @ Ashok Prasad Singh, Resident of Village - Manjhaul, P.S.- Cheriya Bariyarpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Bharti, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Cheriya Bariyarpur P.S. Case No. 202 of 2017, instituted for the offence under Section(s) 363 and 366(A)/34 of the Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate, Manjhaul, Distt. Begusarai.

It is alleged in the written report that on the date of occurrence petitioner and other co-accused persons kidnapped the daughter of the informant when she was returning home from college. The victim girl has given statement under Section 164 Cr. P.C. wherein she has stated that petitioner along with other accused has kidnapped and forcibly kept her

Patna High Court CR. MISC. No.24106 of 2019(3) dt.22-04-2019 2/3 in a room in Delhi. She has further stated in her statement recorded under Section 164 Cr. P.C. that petitioner along with other accused person had brought her to sell to somebody. She was confined in a room by locking outside. She anyhow managed to run away after 20-21 days.

Counsel for the petitioner submits that victim girl has performed marriage with petitioner, for which, application has been filed before the court below, copy of which, has been enclosed as Annexure-4. The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2. Earlier on the submission made on behalf of the petitioner that victim girl has already performed marriage with petitioner and she is living with him, this Court by order dated 15.4.2019 directed the petitioner to produce the victim girl before this Court today, but she has not been produced. Counsel for the petitioner submits that he has no knowledge about victim girl. From Annexure-4 it appears that affidavit has been filed by the victim girl that she has performed marriage with this petitioner, but victim girl has not been produced before this Court to certify the aforesaid fact. In such circumstances, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.24106 of 2019(3) dt.22-04-2019 3/3 Prayer of the petitioner for grant of bail stands rejected.

The trial court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T