Sakindar Kumar @ Sikandar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45621 of 2018 ======================================================
1. Sikandar Kumar @ Sikandar Kumar, Son of Shambhu Prasad, resident of Village Sodhana, Madhopur Police Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard the parties.
This application is for grant of regular bail in connection with Siwaipatti P.S.Case no.24 of 2018 for the offences under Sections 363 and 366A of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant along with the other accused persons.
Submission of the learned counsel for the petitioner is that the statement of the girl has been recorded under Section 164 Cr.P.C. along with the others but she has not named this petitioner. The petitioner is in custody for more than five months and he has been falsely implicated in this case. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the girl was minor.
Patna High Court Cr.Misc. No.45621 of 2018 (4) dt.26-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, once the charge is framed and the trial is commenced, the learned trial court shall release the petitioner on bail in connection with Siwaipatti P.S.Case No.24 of 2018 to his own satisfaction.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T