Patna High CourtCR. MISC./6411/2023rejected

Hari Shankar Kumar @ Hari Shankar @ Gulshan Kumar v. The State Of Bihar

2023-08-22Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6411 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- HILSA District- Nalanda ====================================================== HARI SHANKAR KUMAR @ HARI SHANKAR @ GULSHAN KUMAR Son of Ajit Kumar Sharma @ Ajit Sharma R/v- Momindpur, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Arun, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 23.05.2022 seeks bail, in connection with POCSO Case No.73/2022, arising out of Hilsa P.S. Case No.110/2022, dated 15.02.2022, for the offences punishable under Sections 366A, 504, 34 of the IPC & Sections 4/6 of the POCSO Act.

3. According to prosecution case, the petitioner is alleged to have abducted the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as

Patna High Court CR. MISC. No.6411 of 2023(4) dt.22-08-2023 2/2 alleged in the F.I.R.

5. Vide order dated 11.07.2023 a report was called for from the learned trial court regarding the present stage of the trial. Report dated 18.07.2023 of the learned trial court reveals that all the seven charge sheeted witnesses have been examined in the present case.

6. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried one criminal antecedent other than the present one.

7. Considering the aforesaid facts and report of the learned trial court, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No.73/2022, arising out of Hilsa P.S. Case No.110/2022, pending in the Court of learned Additional Sessions Judge-VII-cum-Special Judge (POCSO), Nalanda at Biharsharif.

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) amit/- U T