Rahul Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16228 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Rahul Kumar @ Lalu, Son of Sone Lal Rai @ Sandeepan Rai, resident of Village- Pratap Nagar Kadwa, Police Station- Kadwa O.P. DistrictBhagalpur at present resident of Naya Tola, near Railway Station Naugachhia, P.S.- Naugachhia, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Naugachia P.S. Case No. 196 of 2017 registered under Sections 366A and 380/34 of the Indian Penal Code.

Petitioner is said to have kidnapped the minor daughter of the informant along with cash and jewelry worth Rs. 2 lacs with intent to perform marriage with her. It is submitted by learned counsel for the petitioner that no occurrence as alleged ever took place. As a matter of fact, the victim was major and she was in telephonic contact with the petitioner and suo motu eloped with the petitioner out of her sweet will and despite direction of the investigating officer, she did not

Patna High Court Cr.Misc. No.16228 of 2018 (3) dt.17-05-2018 2/2 turn up for medical examination. No other overt act is attributed to the petitioner. He has been languishing in custody since 03.09.2017.

Victim in her statement recorded under Section 164 Cr.P.C. has candidly stated that the petitioner had kidnapped her with intent to perform marriage with her and kept her in a hotel in Bokaro for two days from where she was recovered by the police. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of receipt/production of a copy of this order.

(Prakash Chandra Jaiswal, J) Mishra/- U T