Patna High CourtCR. MISC./53648/2017rejected

Ranjeet Kumar Mandal v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53648 of 2017 Arising Out of PS.Case No. -240 Year- 2016 Thana -BARHARA District- PURNIA ====================================================== Ranjeet Kumar Mandal Son of Kamleshwari Mandal Resident of VillageBishanpur, P.S. Dhamdaha, District- Purnea. ... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Barhara P.S. Case No. 240 of 2016 registered under Sections 363 and 365 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have kidnapped the minor son of the informant. It is submitted by learned counsel for the petitioner that no such occurrence as alleged took place. As a matter of fact, the victim is major and was working as a dancer in the dance party of Sudama Bharti and after winding up of said dance party the informant has engaged his son in the house of Sudama Bharti for menial work and she is in contact with him. The petitioner has been languishing in custody since 11.07.2017.

Patna High Court Cr.Misc. No.53648 of 2017 (03) dt.12-12-2017 - 2 - On the other hand, learned A.P.P. citing the statement of the victim recorded under Section 164 Cr.P.C. has submitted that the victim happens to be aged about 13 years and after kidnapping the victim the petitioner has sold him out to Sudama Bharti who used to take menial work from him. In the facts and circumstances of the case, I am not inclined to grant the privilege of bail to the petitioner. The prayer for bail is hereby rejected.

However, the learned lower court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of commitment of the case. (Prakash Chandra Jaiswal, J) Trivedi/- U T