Shibu Mallick v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47258 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -BARGANIA District- SITAMARHI ====================================================== Shibu Mallick, Son of Mahendra Mallick, Resident of VillageSubhanakarpur Ratnopatti, P.S.- Town, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections- 363/366A/34 of the Indian Penal Code. The prosecution case in brief, is that informant's minor daughter Jaimala Kumari along with her Bhagina was enticed away by Manoj Sahani in collusion with other accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-01-2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. The petitioner has falsely been implicated in the present case. The victim is alleged to have eloped with co-accused Manoj Sahani. The petitioner is not named in the FIR.

Patna High Court Cr.Misc. No.47258 of 2018 (3) dt.13-09-2018 On behalf of the State, it is submitted that in course of investigation, the victim girl was examined u/S 164 Cr.P.C. in which, she has made allegation of committing physical and sexual abuse against the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail in connection with Bairgania P.S. Cse No. 04 of 2018 is rejected at this stage.

(Sudhir Singh, J) A.K.V./- U T