Patna High Court - Orders
Sharwan Kumar vs The State Of Bihar on 24 September, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42205 of 2018
======================================================
Sharwan Kumar, Son of Baijnath Mandal @ Baidyanath Mandal, Resident
of Village- Rajpur, Police Station- Pipra, District- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
Mr. Anil Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3/ 24-09-2018Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant.
Petitioner seeks bail in Maheshi P.S. Case No.127 of 2017 instituted for the offence under Section(s) 366A/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Saharasa.
It is alleged against this petitioner that he kidnapped the married wife of the informant on 25.05.2017 when he had gone to participate in marriage ceremony of his neighbour. It is also alleged that that prior to this case the petitioner had kidnapped the wife of the informant for which her father had filed a case vide Pipra P.S. Case No.58 of 2017 in which statement of victim had been recorded and she had supported the Patna High Court Cr.M isc. No.42205 of 2018 (3) dt.24-09-2018 2/2 case of kidnapping.
In the instant case, statement of victim has been recorded under Section 164 Cr.P.C., which is available in the case diary in para 44, wherein also, she has supported the case and taken the name of this petitioner.
Counsel for the Informant has submitted that prayer of bail of the petitioner in earlier case i.e. Pipra P.S. Case No.58 of 2017 has already been rejected by this Court.
In such circumstances, this Court is not inclined to enlarge the petitioner on bail.
Prayer of the petitioner for grant of bail is rejected. Trial Court is directed to expedite the trial.
(Sanjay Priya, J) JA/-
Rohit Kr.
U T