Patna High CourtCR. MISC./35404/2018rejected

Sabita Devi And ANR v. The State Of Bihar

2018-08-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35404 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -MASRAKH District- SARAN ======================================================

1. Sabita Devi Wife of Tarkeshwar Singh

2. Babal Kumar @ Aman Kumar Singh Son of Tarkeshwar Singh Both Resident of Village- Ghoghiya, Police Station- Masrakh, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody in connection with Masrakh P.S. Case No.38 of 2018, a case under Section 363/366A/34 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate-VI, Saran. The victim girl, aged about 14 years, has stated in her statement under Section 164 Cr.P.C. that she was kidnapped and kept in a room in a confinement. At that place, the accused were asking for her bank account and ornaments. The petitioners are named as kidnappers.

Submission of the learned counsel for the petitioners is that the offences alleged are not made out. However, the

Patna High Court Cr.Misc. No.35404 of 2018 (3) dt.21-08-2018 P2/ offences as defined under Section 365 and 368 of the Indian Penal Code are prima facie made out against the petitioners, which are punishable up to seven years of imprisonment. Petitioners are in custody since 08.05.2018.

Considering the nature of allegation against the petitioners, I am not inclined to enlarge the petitioners on bail. Hence, the prayer for bail is refused. The petitioners may renew their prayer for bail after one year of custody if the trial is not concluded in the meantime.

(Birendra Kumar, J) Mkr./- U T