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Patna High CourtCR. MISC./54144/2016rejected

Kundan Mandal @ Kundan Kumar v. The State Of Bihar

2016-12-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54144 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Kundan Mandal @ Kundan Kumar S/o Gosaiya Mandal R/o Vill. Mashru, P.S. Nath Nagar, Dist. Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Sections 366 and 366A of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

It has been submitted on behalf of the petitioner that the present case is a matter of love affair and now the victim girl has also been recovered and the petitioner has been in judicial custody for more than seven months.

Heard learned A.P.P. also.

Considering the facts and circumstances of the case and

Patna High Court Cr.Misc. No.54144 of 2016 (2) dt.22-12-2016 2/2 on perusal of the statement of girl recorded under Section 164 of the Cr.P.C., wherein she has specifically named this petitioner, I am not inclined to grant the petitioner, the privilege of bail, it is accordingly rejected.

However, since the charge-sheet has been submitted in this case and petitioner is in custody for more than seven months, learned Court below is directed to commit the case to the court of sessions and expedite the matter as soon as possible. With the observation as above, this application is, accordingly disposed of.

(Vinod Kumar Sinha, J) sunil/- U