Patna High CourtCR. MISC./33488/2016dismissed

Hari Kishore Rai v. The State Of Bihar

2016-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33488 of 2016 Arising Out of PS.Case No. -183 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Hari Kishore Rai Son of Brij Bihari Rai Resident of Village- Lohasi, P.S.-Parsauni, District-Siramarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the State : Mr. Nityanand Tiwary,A.P.P. For the Informant : Mr. Pushpendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Saidpur P.S.Case No. 183 of 2016 registered under Sections 366/34 of the Indian Penal Code, pending in the Court of learned C.J.M.,Sitamarhi.

It is alleged by the informant (Julekha Devi) that the petitioner has kidnapped her married daughter, namely, Rupa Kumari and when she went to the house of the petitioner to enquire, then the parents of the petitioner gave threat and told that his son has taken her daughter.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.05.2016. Charge sheet has been submitted in this case. The petitioner has got no criminal

Patna High Court Cr.Misc. No.33488 of 2016 (3) dt.27-09-2016 2/2 antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no eye witness to the alleged occurrence. He has falsely been implicated in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR . It is further submitted that the victim has been examined under Section 164 Cr.P.C. and she has made specific allegation of abduction against the petitioner. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner and same is rejected at this stage.

(Sudhir Singh, J) singh/- U T