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Patna High CourtCR. MISC./67678/2018dismissed

Ganesh Sah v. The State Of Bihar

2018-11-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67678 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== Ganesh Sah S/o Ramadhin Sah @ Jagarnath Sah @ Jagannath Shah, Resident of Village- Sohri, P.S. Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajit Kumar For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 The petitioner seeks regular bail in connection with Chautham P.S. Case No. 24 of 2018, registered for offences punishable under Sections 366A/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact there was love affair between the petitioner and the alleged victim girl. In support of his submission, learned counsel for the petitioner referred certain letters, however, they are not the part of the petition. Further contention of learned counsel for the petitioner is that petitioner has no criminal antecedent and has remained in custody for four months.

Patna High Court Cr.Misc. No.67678 of 2018(2) dt.28-11-2018 2/2 Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement has supported the case of prosecution about her kidnapping by the petitioner. Having heard both sides, considering the facts and circumstances of the, I am not inclined enlarge the petitioner on bail. However, once the evidence of victim girl is recorded during trial, the petitioner may renew his prayer for bail in the trial court itself, which will be considered by the trial court on the basis of materials available at that time. With above observation and direction, this application is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T