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Patna High CourtCR. MISC./197/2015rejected

Niranjan Singh v. The State Of Bihar

2015-03-09Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.197 of 2015 Arising Out of PS.Case No. -16 Year- 2014 Thana -DEHRI District- SASARAM (ROHTAS) ====================================================== Niranjan Singh son of Sri Baleshwar Singh Resident of village Palanga, Police Station Phulwari Sharif, (Parsa Bazar), District- Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Section 366A/34 of the Indian Penal Code.

The allegation against the petitioner and others is to have kidnapped the daughter of the informant with the help of other co-accused.

It is submitted that the petitioner is the son-inlaw of the informant and there is no specific allegation against him. During investigation it has been found that the victim and the petitioner had love affairs. He has no criminal antecedent and has been in custody since 19.4.2014.

Learned counsel for the State has submitted that during investigation the victim has been examined by the police as well as she has made statement under Section 164 Cr. P. C. before the Magistrate in which she has made allegation that while she was returning from

Patna High Court Cr.Misc. No.197 of 2015 (3) dt.09-03-2015 2/2 college, the petitioner asked her to accompany him which she refused. Thereafter, he forcibly boarded the victim in the car where two other accused were already present. When she wanted to raise alarm, something was sprayed on her face and she became senseless. She has also alleged that she has been raped by the petitioner. When she was recovered, her pregnancy test has also been made and it was found positive. After investigation the police has submitted chargesheet for the offence punishable under Sections 366A, 120B and 376/34 of the Indian Penal Code against the petitioner.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail. The prayer for bail is rejected.

Let the trial of the petitioner in Dehri P. S. Case no. 16 of 2014 be expedited.

(Amaresh Kumar Lal, J) sudip/- U T