Nantun Kumar @ Nantun Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4905 of 2024 Arising Out of PS. Case No.-312 Year-2017 Thana- BATHNAHA District- Sitamarhi ====================================================== NANTUN KUMAR @ NANTUN SADA SON OF RAM JATAN SADA R/O VILLAGE- RUPAULI, P.S.- BATHNAHA, DIST.- SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bathnaha P.S. Case No. 312 of 2017 registered for the offence under Sections 363/366A of the Indian Penal Code.

3. As per the prosecution case, the allegation is of kidnapping the victim and the victim girl in her statement has said that she was kept for 20 days in Sheohar by the accused persons.

4. The victim girl has not alleged for any sexual act done against her and she has only alleged that the accused persons wanted to sell her.

5. The petitioner is in jail since 1.6.2022.

6. Learned counsel for the petitioner submits that the trial is being delayed and no witnesses have been examined though, charge has been framed only. He also submits that the petitioner is implicated in this case because of previous enmity.

7. Learned counsel for the petitioner further

Patna High Court CR. MISC. No.4905 of 2024(3) dt.09-04-2024 2/2 submits that the right of the petitioner of speedy trial is also being violated.

8. Considering the period of custody and the fact that the accused persons have not sexually assaulted the victim, this application is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 312 of 2017.

10. As a condition of this order, the bailor should be the mother of the petitioner.

11. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U T