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Patna High CourtCR. MISC./71071/2019dismissed

Sandeep Kumar Ravidas v. The State Of Bihar

2019-11-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71071 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

Sandeep Kumar Ravidas Son of Shankar Ravidas. 2.

Raja Kumar Ravidas Son of Radha Krishna Ravidas both residents of Village-Barahat, P.S.- Ishipur (Barahat), DistrictBhagalpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Ishipur (Barahat)P.S. case no.50 of 2019 registered for offence punishable under Sections 366/34 of the Indian Penal Code and Section 8 of POCSO Act, 2012.

As per F.I.R. there is allegation of kidnapping of a minor daughter of the informant, while she was alone at home. Submission of learned counsel for the petitioner is that the impugned order shows that statement of minor girl was recorded under Section 164 of the Code of Criminal Procedure, in which she has stated that petitioners came and got her seated on a motorcycle and took her at lonely place, where petitioner

Patna High Court CR. MISC. No.71071 of 2019(2) dt.07-11-2019 2/2 no.1 put vermilion on her head, but nowhere she has stated that she was sexually assaulted..

Learned Addl. Public Prosecutor has opposed the prayer for bail on the ground that a minor girl was kidnapped by the petitioners.

Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to enlarge the petitioners on bail.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J.) nawalkrs/- U T