Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35978 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -SIRDALA District- NAWADA ====================================================== Raushan Kumar, son of Mahesh Rajbanshi, R/o Village- Hazara, P.S.- Sirdala, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 321 of 2017/52 of 2017, arising out of Sirdala P.S. Case No. 03 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of minor daughter of informant.

Submission of learned counsel for the petitioner is that though there is no allegation against the petitioner in FIR but the victim girl has named this petitioner in her statement under Section 164 Cr.P.C. and the statement of the girl is improbable and unbelievable and he is in custody since 8.1.2017. Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.35978 of 2017 (4) dt.13-09-2017 2/2 bail on the ground that the victim girl has named this petitioner and allegation of kidnapping is against him.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, as the petitioner is in custody, learned trial court is directed to expedite the trial and try to conclude it within 10 months.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U