Surendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47384 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -PUSA District- SAMASTIPUR ====================================================== Surendra Kumar Singh, son of Late Nathuni Singh, resident of village- Kon Wajitpur, Post Office- Wajitpur, Police Station- Samastipur (Muffasil), District Samastipur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Purushotam Sharma, Advocate For the Opposite Party : Smt. Meena Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Pusa P.S. Case No. 78 of 2016, registered for the offences punishable under Sections 364, 366(A)/34 of the Indian Penal Code.

Allegedly, the petitioner and co-accused Jitendra Kumar kidnapped the minor natini of the informant and during investigation, the statement of the minor victim girl was also recorded under Section 164 Cr.P.C., wherein she has supported the allegation of kidnapping by the petitioner and Jirtendra Kumar. Submission is of false implication and that the victim girl went out of her own free will and consent and thereafter being tutored she has given statement under Section 164 Cr.P.C., though

Patna High Court Cr.Misc. No.47384 of 2016 (2) dt.13-12-2016 2/2 earlier before police she has stated otherwise and, as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. seriously opposes.

In the facts and circumstances as stated above, considering that in statement recorded under Section 164 Cr.P.C. the victim minor girl has supported the allegation of kidnapping against the petitioner also and, as such, I am not inclined to grant privilege of pre-arrest to him and accordingly his such prayer stands rejected in connection with Pusa P.S. Case No. 78 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate, VI, Samastipur.

However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T