Patna High CourtCR. MISC./40580/2017rejected

Sujeet Lal Deo v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40580 of 2017 (3) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40580 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -BAHERI District- DARBHANGA ======================================================

1. Sujeet Lal Deo, Son of Arvind Lal Deo, Resident of Village-Athar, P.S.- Baheri, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Baheri P.S.Case No.221 of 2016 for the offences under Sections 363, 366 and 366A of the Indian Penal Code. Allegation against the petitioner along with several accused persons is of kidnapping the daughter of the informant. Submission of the learned counsel for the petitioner is that the petitioner is only a co-villager and FIR itself shows that the telephone calls were made to her by the mobile number of one Azad Lal Deo. Except the fact that the petitioner is co-villager there is nothing against him and he is in custody since 5.12.2016. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that witnesses in para 9 of the case

Patna High Court Cr.Misc. No.40580 of 2017 (3) dt.18-09-2017 diary have stated against the petitioner as they had seen him taking away the girl along with other accused persons on motorcycle and they claim to be eye witness.

Having heard both sides and the girl has not been recovered up-till-now, I am not inclined to grant bail to the petitioner, as such the prayer for bail of the petitioner is rejected, however, it is open to the petitioner to move for bail again if the girl is recovered, her statement is recorded and nothing appears against him in the statement of the girl.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T