Patna High CourtCR. MISC./9694/2015dismissed

Abhishek Ojha @ Sonu v. The State Of Bihar

2015-08-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9694 of 2015 Arising Out of PS.Case No. -48 Year- 2014 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Abhishek Ojha @ Sonu Son of Nagendra Ojha @ Buchan Resident of Village-Gamhariya, P.S.-Pachrukhi, District-Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Md. Ansarul Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 364/34 of the Indian Penal Code.

The informant named the petitioner and Ravi Ranjan Ojha and alleged that they kidnapped his grand daughter. It is submitted that during the course of investigation, none of the witnesses has supported the version of the informant. Even the mother and sister of the victim disclosed that they came to know about the occurrence in the morning that the victim was missing.

It appears that the petitioner and Ravi Ranjan Ojha had earlier kidnapped the victim for which Pachrukhi P.S.

Patna High Court Cr.Misc. No.9694 of 2015 (6) dt.04-08-2015 Case No. 212 of 2011 corresponding to Sessions Trial No. 432 of 2011 was registered under section 366-A and other allied sections of the Indian Penal Code. The victim deposed in the court and disclosed the name of Ravi Ranjan Ojha and others but did not disclose the name of the petitioner, although the petitioner is named in the F.I.R. of the aforesaid case.

Considering the facts aforesaid and the nature of allegation made, I am not inclined to enlarge the petitioner on bail in connection with Pachrukhi P.S. Case No. 48 of 2014, pending in the court of the learned Ad-hoc Additional Sessions Judge, III, Siwan. This application for bail is, accordingly, rejected. The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt/production of a copy of this order. If the trial is not concluded within the time aforesaid, the petitioner may renew his prayer for bail firstly in the trial court.

(Prabhat Kumar Jha, J) Amin/- U