The Patna High Court rejected the petitioner's application for regular bail in a case under Sections 366A, 368, 120B/34 of the IPC. The court declined to grant bail citing the victim's statement indicating forcible taking and sexual offence.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44254 of 2018
Arising Out of PS.Case No. -236 Year- 2018 Thana -MOTIHARI TOWN District- EAST CHAMPARAN (MOTIHARI)
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Kishan Mestar, son of Late Ranjeet Ram, resident of Mohalla- Janpul, P.S.Motihari Town, District- East Champaran
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 13-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 26.04.2018 in connection with Motihari Town P.S. Case No.236 of 2018 registered for the offence under Sections 366A, 368, 120B/34 of the Indian Penal Code, which is pending in the court of the learned Chief Judicial Magistrate, East Champaran, Motihari.
Learned counsel for the petitioner submits that though there is an allegation against the petitioner of having kidnapped the victim girl, the statement made by the victim girl appears to be tutored.
The statement under Section 164 Cr.P.C. of the victim girl has been brought on the record by the petitioner,
Patna High Court Cr.Misc. No.44254 of 2018 (2) dt.13-08-2018
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which itself indicates that the victim girl has categorically stated that the petitioner had forcibly taken her away and indulged in sexual offence.
In view of such facts and circumstances and the statement of the victim girl, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.
(Anjana Mishra, J)
PNM
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner despite the victim's statement regarding forcible taking and sexual offence.
1 provisions across 1 enactments
Kishan Mestar
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
