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Patna High CourtCR. MISC./52610/2015dismissed

Naresh Kumar v. The State Of Bihar

2015-12-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52610 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Naresh Kumar Son of Birju Sah, Resident of Mohalla - Baiman Tola, P.SRam Krishna Nagar, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-12-2015 Heard Sri Ajay Kumar Singh no.1, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody since 23.02.2015 in connection with Ram Krishna Nagar P.S. Case no.38/2015 registered for the offence under Sections 363, 365 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that in the statement recorded under Section 164 Cr.P.C., the victim has disclosed that she was in love with the petitioner and on this ground, a prayer has been made for grant of bail. Learned Addl. Public Prosecutor has opposed the prayer for bail. He submits that in the F.I.R. itself, it was alleged that the victim was aged about 13 years old and she was student of

Patna High Court Cr.Misc. No.52610 of 2015 (2) dt.08-12-2015 2/2 Class-V. In the F.I.R. it was specific allegation that the petitioner induced the victim and took her away for illicit relation and subsequently the accused was arrested and the victim was recovered.

In view of facts and circumstances, I do not find any ground to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U