Patna High CourtCR. MISC./48328/2014rejected

Vikky Das @ Vikky Kumar Das v. The State Of Bihar

2015-03-13Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48328 of 2014 Arising Out of PS.Case No. -123 Year- 2014 Thana -DHAMDAHA DistrictPURNIA ====================================================== Vikky Das @ Vikky Kumar Das S/o Late Ranjit Das Resident of Khushki Bagh, P.S. Sadar, District Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Adv. For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A, 120B/34 of IPC. Allegation against the petitioner is to have entered into the house of the informant with three unknown and kidnapped his daughter aged about 16 years, who was sleeping on varanda of her house.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. He was a salesman in a wine shop and the informant has approached him to get marriage his daughter but on refusal the case has been filed in collusion with the police. The petitioner has no criminal

Patna High Court Cr.Misc. No.48328 of 2014 (3) dt.13-03-2015 2/2 antecedent.

Learned counsel for the State submits that there is specific allegation of overact against the petitioner. During investigation, the victim has also been examined and she has made statement under Section 164 Cr.P.C. in which she has supported the prosecution case and has also alleged that the petitioner has committed her rape. After investigation the case has been found true.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

(Amaresh Kumar Lal, J) Kanchan/- U T