Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34256 of 2017 Arising Out of PS.Case No. -16 Year- 2014 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Niranjan Singh, son of Baleshwar Singh, Resident of Village- Palanga, Police Station- Parsa Bazar and District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sessions Trial No. 563 of 2014, arising out of Dehri Town P.S. Case No. 16 of 2014 for offences punishable under Sections 366-A and 34 of the Indian Penal Code although charge-sheet has been submitted under Sections 366-A, 120-B, 376, 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioner and others have kidnapped the daughter of the informant.

It has been submitted by the learned counsel for the petitioner that he is innocent, is the son-in-law of the informant

Patna High Court Cr.Misc. No.34256 of 2017 (3) dt.18-09-2017 2/3 and no offence has been committed by him. He submits that the trial is going on and he is ready to cooperate with the trial and that he is languishing in custody since 19.04.2014. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner had earlier moved a coordinate Bench of this Court for grant of bail, which was rejected on 09.03.2015 in Cr. Misc. No. 197 of 2015. He submits that the victim girl in her statement under Section 164 Cr.P.C. had made allegation against the petitioner of abduction and committing rape and in her pregnancy test she has been found to be positive. He further submits that the trial is going on and only one witness is yet to be examined.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail after six months from today on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 1st cum Special Judge, Rohtas, Sasaram, in connection with Sessions Trial No. 563 of 2014, arising out of Dehri Town P.S. Case No. 16 of 2014, subject to the condition that both the bailors would be close relatives of the petitioner.

Patna High Court Cr.Misc. No.34256 of 2017 (3) dt.18-09-2017 3/3 However, learned court below is directed to expedite the trial.

(Nilu Agrawal, J) Rajesh/- U T