Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7796 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -ATHMALGOLA District- PATNA ====================================================== Mahendra Rai, son of Late Chander Rai, resident of village - Ganjpar, P.S. Athmalgola, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2017 This is an application for bail in connection with Athmalgola P.S.Case No. 79 of 2016 for the offences punishable under Sections 363 and 366A of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case and there is delay of five days in lodging FIR and no specific overt act has been alleged against him and he is in custody since 15.9.2016. Heard learned APP also, who has opposed the prayer for bail stating that name of the petitioner has been specifically mentioned in the statement of the victim girl recorded under Section 164 Cr.P.C. and there is also allegation of kidnapping against him.

Having heard both sides and considering the facts and

Patna High Court Cr.Misc. No.7796 of 2017 (2) dt.21-02-2017 2/2 circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. However, he may renew his prayer for bail after framing of charge.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U