Patna High CourtCR. MISC./48837/2017disposed

Amir Kumar @ Amir Harijan v. The State Of Bihar

2017-11-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48837 of 2017 Arising Out of PS.Case No. -298 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Amir Kumar @ Amir Harijan, Son of Shrawan Harijan, Resident of Village- Amhara, P.S.- Rajoun, District- Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Rajoun P.S.Case No. 298 of 2017 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code. Allegation against the petitioner is of kidnapping and committing rape upon informant.

Submission of learned counsel for the petitioner is that no such occurrence has taken place and as a matter of fact they were in love affairs and she has married with the petitioner. Further submission is that due to pressure of her family members she has stated against the petitioner in her statement under Section 164 Cr.P.C. and he is in custody since 4.7.2017.

Heard learned APP also.

Patna High Court Cr.Misc. No.48837 of 2017 (3) dt.14-11-2017 2/2 Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, learned court below is directed to commit the case to the court of sessions and once the case is committed and the evidence of victim is recorded, the petitioner will be at liberty to renew his prayer for bail before the trial court itself, which will be considered on that basis of materials available on record at that time and he will pass an appropriate order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U