Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67960 of 2019 Arising Out of PS. Case No.-465 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== VIKASH KUMAR Son of Mukhdeo Mandal Resident of Village-Gadha, Police Station-Runnisaidpur, District-Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhubala Verma For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Runnisaidpur P.S. Case No. 465/2018 registered for the offence punishable under Sections 363/366(A)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that there was love affairs between the parties and the victim girl Shyama Bharti is a major so there is no question of her kidnapping. The medical report indicates that she is of the age between 18-19 years. Learned counsel further submits that in her statement made under Section 164 Cr. P.C., she has not stated the commission of any sexual act on her and, therefore, the petitioner may be extended the privilege of bail. Having heard learned counsel for the petitioner and
Patna High Court CR. MISC. No.67960 of 2019(2) dt.19-11-2019 2/2 learned counsel appearing on behalf of the State, it appears that the victim girl in her statement made before the Magistrate under Section 164 Cr. P.C. has categorically stated that the petitioner had kidnapped her and taken her on the pretext of reaching her home, but thereafter, kept her confined at several places.
Considering the aforementioned facts and circumstances and that the petitioner was indulged in the act of kidnapping, I am not inclined to grant regular bail to this petitioner.
It is, accordingly, rejected.
Trial to be expedited.
(Anjana Mishra, J) Saif/- U T