Patna High CourtCR. MISC./5203/2015dismissed

Nagendra Sahani v. The State Of Bihar

2015-03-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5203 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nagendra Sahani S/O Faguni Sahani Resident of vill-Madhubani Ghat,P.S-Muffasil,Distt.-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishore Prasad For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-03-2015 Heard both sides.

Petitioner seeks bail in Motihari Mufasil P.S. Case no.

of registered under sections 366(A)/504/506/120(B) of the Indian Penal Code. The informant made allegation that petitioner and his family members kidnapped her minor daughter Rita Kumari.

It is submitted that the date of occurrence is 10.04.2014 but the first information report was lodged on 27.04.2014 and this fact shows that the informant is not an eye witness of the occurrence. The victim was in love with the petitioner. She traveled alone with the petitioner at different

Patna High Court Cr.Misc. No.5203 of 2015 (4) dt.11-03-2015 2/2 places but she did not make any hue and cry. The victim made her statement under section 164 Cr.P.C. that while she was cutting grass the petitioner and other kidnapped her. She also alleged that the petitioner also committed rape with her. The doctor has opined that the victim was aged between 18-19 years. It appears that the victim has made specific allegation that the petitioner committed rape with the petitioner and forcibly took her to different places. I am not inclined to enlarge the petitioner on bail at this stage. Accordingly the same is rejected. The petitioner may renew his prayer for bail after remaining one year in custody. (Prabhat Kumar Jha, J) M.Rahman/- U T