Pintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57143 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -DUMRA District- SITAMARHI ======================================================

1. Pintu Paswan S/o Sri Upendra Paswan, R/o Vill.- Madanpur , P.S.- Dumra, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Jha For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 Heard the parties.

This application is for grant of regular bail in connection with Dumra P.S.Case No.39 of 2018 for the offences under Sections 363, 366(A), 34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant and it further appears that statement of the girl has been recorded under Section 164 of the Cr.P.C., in which also she has named the petitioner and also stated about forcible intercourse by the petitioner. Submission of the learned counsel for the petitioner is that the medical report does not support commission of rape and there was love affair between the parties and he is in custody since 10.2.2018. The charge sheet has been submitted.

Patna High Court Cr.Misc. No.57143 of 2018 (3) dt.02-11-2018 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail stating that the girl is minor and she has supported the allegation in the statement under Section 164 Cr.P.C. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U