The High Court rejected the bail prayer for a petitioner charged with kidnapping and abducting a minor for prostitution under IPC 363 and 366A, observing allegations of rape and custody. The court ordered expedited trial.
Prayer for bail rejected; trial ordered to be expedited.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52227 of 2015
Arising Out of PS.Case No. -96 Year- 2014 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== 1. Rahul Kumar Singh, son of late Harihar Singh, resident of Village: Admapur, P.O: Tarari, P.S.: Sheosagar, District: Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 16-12-2015 Heard the counsel for the petitioner and Mr. Hriday Prasad Singh, APP for the State.
Petitioner is alleged to have kidnapped/abducted 14/15 years old daughter of the informant and is thus facing prosecution under Sections 363 and 366A of the Indian Penal Code vide Sheosagar P.S. Case No. 96 of 2014.
Allegation is that while she was going to ease in the morning, the petitioner forcibly kidnapped her. The statement of the girl recorded under section 164 Cr.P.C is Annexure -2 wherein she has supported the allegation and also alleged about subjection to rape. It is submitted that the medical report does not support the petitioner case. Petitioner is in custody since 7.9.2015.
Having regard to the allegation and the materials on record, I am not persuaded to release the petitioner on bail. Prayer
Patna High Court Cr.Misc. No.52227 of 2015 (2) dt.16-12-2015
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is rejected. Let the trial of the case be expedited. If the case protracts for more than 09 months without their being any default on the part of the petitioner, he shall have liberty to pray for bail in the Court below itself.
Pankaj/-
U T
(Kishore Kumar Mandal, J)
2 issues framed by the court
Whether a petitioner accused of kidnapping and abducting a minor for the purpose of prostitution and alleged rape be released on bail.
Whether the case should be expedited to avoid protraction and a consequent relief of bail.
Rahul Kumar Singh
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
