Patna High CourtCR. MISC./56576/2017dismissed

Raju Kumar v. The State Of Bihar

2017-11-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56576 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -BELSAND District- SITAMARHI ====================================================== Raju Kumar S/o Surendra Sah @ Raghunath Sah, R/o Village- Balua, P.S.- Runisaidpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in connection with Belsand P.S. Case No. 67 of 2017, registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code. The petitioner is named in the FIR and there is allegation that he along with other kidnapped the victim girl who is a minor and the aforesaid fact has also been corroborated by her statement made under Section 164 Cr.P.C. which at Annexure02. It has been submitted on behalf of the petitioner that there is vital contradiction between the statement of the girl made under Section 164 Cr.P.C. and the FIR. No such occurrence has been taken place and the petitioner has falsely been implicated in the case. The petitioner is in custody since 27.08.2017.

Patna High Court Cr.Misc. No.56576 of 2017 (2) dt.23-11-2017 Heard learned APP also.

Having heard both sides, considering the facts and circumstances of the case and nature of allegation, this Court is not inclined to grant bail to the above named petitioner at this stage. Accordingly, the prayer for bail is rejected. However, the petitioner is at liberty to renew his prayer for bail before the trial court, once prosecutrix has been examined and his prayer for bail shall be considered on the basis of materials available at that time on record. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) KKSINHA/- U T