Patna High CourtCR. MISC./48416/2016rejected

Bipin Bihari v. The State Of Bihar

2016-11-26Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48416 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -IMAMGANJ District- GAYA ======================================================

1. Bipin Bihari S/o Sanjay Prasad Dangi Resident of Village-Malhari, P.S.- Imamganj, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-11-2016 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is named accused in Imamganj P.S. Case No. 84 of 2016 registered under Section 366 (A) of the Indian Penal Code.

The allegation is that minor daughter of the informant was kidnapped by the petitioner. The victim upon retrieval made statement wherein she supported the case that she was kidnapped for the purpose of marriage with the petitioner who was earlier also married. The police upon conclusion of investigation submitted charge-sheet under Section 366(A) and 376 of the Indian Penal Code along with Section 6 of POCSO Act. It is submitted that it was a case of love affair. The

Patna High Court Cr.Misc. No.48416 of 2016 (2) dt.26-11-2016 2/2 the victim on her own volition went along with the petitioner. Petitioner is languishing in custody since 10.6.2016. Learned A.P.P. opposes the prayer and place the impugned order as well as the statement of the victim made under Section 164 Cr.P.C (Annexure-2).

Considering the fact and circumstances of the case, it is not found a fit case for grant of bail. The prayer is accordingly rejected.

The petitioner shall be at liberty to renew his prayer for bail in the court below itself if the trial does not record adequate/sufficient progress within eight months from the date of receipt/production of a copy of this order.

siddharth/- (Kishore Kumar Mandal, J) U T