Patna High CourtCR. MISC./32059/2014rejected

Teni Mahto v. The State Of Bihar

2014-12-24Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.32059 of 2014 (4) dt.24-12-2014

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32059 of 2014 Arising Out of PS.Case No. -285 Year- 2013 Thana -MANER District- PATNA ======================================================

1. Teni Mahto son of Bishwanath Mahto Resident of village - Kahari Tola Sarai, P.S. Maner, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Aggrawal, Sr. Advocate Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-12-2014 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Maner P.S. Case No. 285 of 2013 registered for the offence punishable under Section 366A of the Indian Penal Code.

Allegedly, the petitioner took away minor daughter of the informant with aid and assistance of his family members. During investigation the victim girl has stated as to how the petitioner kidnapped her and developed forceful relationship with her.

Submission at the bar for release of the petitioner is that it is a case of love affairs and with consent the petitioner

Patna High Court Cr.Misc. No.32059 of 2014 (4) dt.24-12-2014 and victim went away but in pressure now the victim is stating otherwise. It cannot be believed that in train the victim remained senseless to which the learned APP opposes.

In the facts and circumstances stated above, considering the fact that the victim has supported the allegation in her statement recorded under Section 164 Cr.P.C. and she is minor, this Court is not inclined to enlarge the petitioner Teni Mahto on bail. Accordingly, prayer for bail of the petitioner is rejected in connection with Maner P.S. Case No. 285 of 2013. However, the learned trial court is directed to expedite the trial and conclude the same as per amended provision of Section 309 of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T