Kantilal Rai @ Kant Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13893 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== KANTILAL RAI @ KANT LAL RAI, son of Bishundayal Rai, resident of Village- Maliniya, P.S.- Mejorganj, District - Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sonbarsa P.S.Case No. 05 of 2016 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that falsity of the prosecution case will appear from the fact that there is delay in lodging FIR and further the girl has been recovered from the house of the informant itself and petitioner is son-in-law of the informant. It has further been submitted that even according to statement under Section 164 Cr.P.C. of the victim girl there is only allegation that petitioner has taken away her and there is nothing in her statement.

Patna High Court Cr.Misc. No.13893 of 2017 (2) dt.24-03-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the statement of the victim girl recorded under Section 164 Cr.P.C. in which she has named the petitioner, as such, I am not inclined to grant bail to the petitioner.

However, since the petitioner is in custody, learned trial court is directed to expedite the trial and try to conclude the same within a period of one year.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U