Patna High CourtCR. MISC./32090/2014rejected

Pramod Kumar @ Pramod Yadav v. The State Of Bihar

2014-12-24Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32090 of 2014 Arising Out of PS.Case No. -220 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Pramod Kumar @ Pramod Yadav son of Sri Subhash Yadav resident of village - Tarwan, P.S. Naubatpur, Distt. - Patna ( Bihar ) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. R.B.S.Pahepuri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-12-2014 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Naubatpur P. S. Case No. 220 of 2014 registered for the offence punishable under sections 363, 366 (A) of the Indian Penal Code. Allegedly, minor daughter of the informant was taken away by the petitioner, who was the driver of the tractor and kept confined in his house. During investigation, the statement of the victim girl has been recorded wherein she has supported that she was taken away by the petitioner by causing threat to her life and kept confined for four days at his house.

Submission at the bar for release of the petitioner is

Patna High Court Cr.Misc. No.32090 of 2014 (3) dt.24-12-2014 2/2 that as a matter of fact, the petitioner was taken away forcibly and for that sanha was lodged as stated vide Annexure-2 and as such , the petitioner, who has been falsely implicated, deserves sympathetic consideration. The doctor has found no injury either external or internal and her age has been assessed between 17 to 19 years.

Learned APP opposes the prayer for bail by pointing out the statement of the victim girl.

Considering the submissions and in the facts and circumstances stated above, as the victim girl has supported the allegation of her kidnapping and as such at this stage , this Court is not inclined to enlarge the petitioner Pramod Kumar @ Pramod Yadav on bail and accordingly, his prayer of the bail is hereby rejected.

(Jitendra Mohan Sharma, J) Sudha/- U