Anil Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3352 of 2023 Arising Out of PS. Case No.-60 Year-2021 Thana- KARJAIN District- Supaul ====================================================== ANIL TIWARI Son of Ganesh Tiwari R/V- and P.O- Sutihara, P.S- Musahari Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 363, 366A/34 of the Indian Penal Code and charge-sheet has been submitted under Sections 363, 366A, 376, 120B/34 of the IPC and Section 4 of the POCSO Act.

The allegation against the petitioner along with others is of kidnapping the minor daughter the informant for the purpose of solemnization of marriage.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.3352 of 2023(3) dt.15-05-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim is a major girl. The petitioner has not kidnapped the victim rather she had gone there at her own will and the informant was well aware with that. He further submitted that the statement given by the victim recorded u/s 164 of the Cr.P.C. has been given under the influence of her mother. Petitioner is languishing in judicial custody since 18.08.2022.

Learned APP for the State has opposed the application for bail and submitted that the victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she specifically stated that this petitioner forcibly taken away to her Delhi and kept in a rented room and committed rape upon her. The victim girl stated that this petitioner kept there for one day, which corroborates the prosecution case as well as the statement of the victim girl recorded u/s 161 of the Cr.P.C. During investigation several witnesses have also supported the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.3352 of 2023(3) dt.15-05-2023 3/3 The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U