Patna High CourtCR. MISC./36735/2021rejected

Chandan Kumar v. The State Of Bihar

2022-02-23Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36735 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== CHANDAN KUMAR SON OF MANOJ RAM @ MANOJ KUMAR R/o village- Punadih, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Prasad, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Islampur P.S. Case No. 29 of 2021 registered for the offence under Sections 366(A)/34 of the Indian Penal Code. The daughter of the informant is said to have been abducted by the petitioner and his father.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the basis of suspicion. In fact, the petitioner and the victim was having love affair between them and on account of that they willfully performed marriage with each other. No

Patna High Court CR. MISC. No.36735 of 2021(4) dt.23-02-2022 2/2 case of abduction is made out against the petitioner. The petitioner is rotting in judicial custody since 12.01.2021. Learned A.P.P. for the State has, vehemently, opposed the prayer for bail of the petitioner and submits that the victim has been recovered on 22.01.2021 and her statement has been recorded under Section 164 Cr.P.C. in which she has categorically stated that petitioner has abducted her and forcefully perform marriage with her. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

However, learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) brajesh/- U T