Sanjay Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52996 of 2016 Arising Out of PS.Case No. -351 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Sanjay Ravidas, Son of Gora Lal Ravidas, Resident of Village- Simrauka, P.S.- Khizarsarai, District- Gaya.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party : Mr. Ram Priya Saran Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence under Section 366(A) of Indian Penal Code. It is alleged in the fardbeyan that daughter of the informant Pushpa Kumari, aged about 15 years, a student of classX, was found missing from her house since 01.12.2015. During course of search, it was detected that Sanjay Ravidas, petitioner has kidnapped his daughter with bad intention. The informant also learnt during search that accused Sanjay Ravidas had come in his village with a girl and in morning, he left the village. The case diary has been received. The statement of victim u/s 164 Cr.P.C is also available in the case diary. The same has been annexed as
Patna High Court Cr.Misc. No.52996 of 2016 (3) dt.13-01-2017 2/3 Annexure-2. The victim girl has levelled specific allegation against this petitioner for kidnapping her and taking her to districtGaunda, where he committed rape with her. He kept her for 6 months. The victim anyhow managed to run away from there. The statement of the father of the victim girl is in para-5 of the case diary, another statement of the witnesses in para-6 and 7 of the case diary where the witnesses have supported the case and levelled specific allegation against this petitioner. The statement of victim girl has been recorded under Section 164 Cr.P.C., wherein she has levelled specific allegation against the petitioner for taking her to District-Gaunda after kidnapping and committing rape with her and confined her there for 6 months.
The victim anyhow managed to run away. Victim girl in statement under Section 164 Cr.P.C stated her age about 15 years and court has also assessed her age about 15 years. Medical examination has also been done to the victim girl wherein the doctor has assessed her aged to be above 19 years.
In such circumstances, there is direct and specific allegation against this petitioner of committing illegal act with the victim girl and confined her for 6 months, this court does not inclined to enlarge the petitioner on bail. Accordingly, the bail petition of the petitioner is hereby rejected in connection with
Patna High Court Cr.Misc. No.52996 of 2016 (3) dt.13-01-2017 3/3 Khizarsarai P.S. Case No. 351 of 2015, pending in the court of Judicial Magistrate-1st Class, Gaya.
Petitioner is given liberty to renew his prayer for bail after six months.
(Sanjay Priya, J.) ravi/- U T