Patna High Court - Orders
Vijay Sahni vs The State Of Bihar on 5 July, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8820 of 2012
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Vijay Sahni
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
03/ 05-07-2012Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
The accusation is of kidnapping the minor daughter of the informant.
The victim's 164 Cr.P.C. statement was recorded while she stated that accused Mukesh sold the victim to this petitioner whereas Mukesh and this petitioner established forceful physical relationship also.
It is submitted by learned counsel for the petitioner that for the occurrence of 03.05.2010 the FIR was lodged on 12.06.2010 and the victim returned of her own and 164 Cr.P.C. statement was Patna High Court Cr.Misc. No.8820 of 2012 (3) dt.05-07-2012 2/2 recorded with inordinate delay.
Considering the 164 Cr.P.C. statement of the victim and the fact that she was minor at the relevant time, this Court is not inclined to grant anticipatory bail to the petitioner in connection with Paharpur P.S. Case No. 118 of 2010 pending in the court of learned Chief Judicial Magistrate, East Champaran, Motihari.
Accordingly, this application is dismissed.
(Dinesh Kumar Singh, J.) DKS/ .
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