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Patna High Court - Orders

Nycil Das vs The State Of Bihar on 27 August, 2012

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

    Patna High Court Cr.Misc. No.23419 of 2012 (3) dt.27-08-2012




                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Miscellaneous No.23419 of 2012
                 ======================================================
                 Nycil Das, son of Chalitra Mochi
                                                                       .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                   .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                                       ORAL ORDER


3    27-08-2012

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary.

This application has been filed for the grant of regular bail to the petitioner who has been made an accused in connection with Ghoshi P.S. Case No. 52 of 2012 pending before Chief Judicial Magistrate, Jehanabad, for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

The petitioner is one of the named accused in this case wit allegation of kidnapping minor daughter of the informant while she had gone to appear in practical examination of matriculation. Submission is of false implication and the victim herself in her statement recorded under Section 161 of the Code of Criminal Procedure stated about the same sweet relationship and Patna High Court Cr.Misc. No.23419 of 2012 (3) dt.27-08-2012 voluntarily accompanying petitioner with whom she also has married and on medical examination she reported aged about 15 ½ to 16 ½ years, but at no point of time, her date of birth recorded in school especially when she is an examinee of matriculation examination.

Having regard to the facts and circumstances of the case, for the present, finding the petitioner minor, prayer of regular bail of the petitioner is hereby refused with a liberty to petitioner to renew his prayer before the trial court, if so wishes, after examination of the victim whose statement under section 164 of Code of Criminal Procedure has not recorded.

Rajeev/-                                            (Akhilesh Chandra, J)