Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11163 of 2023 Arising Out of PS. Case No.-107 Year-2021 Thana- BIRPUR District- Supaul ====================================================== KRISHNA KUMAR S/o Shyam Narayan Paswan R/o Village- Maheshpatti, Ward no. 10, Shivmandir, P.S.- Ghurna, Distt- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha,Advocate For the Opposite Party/s :
Mr.Rabindra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 03.04.2021 in connection with Birpur P.S. Case No. 107 of 2021, F.I.R. dated 06.04.2021 registered for the offence punishable under Sections 365,370,370A/120B of IPC and Sections 14A(a)/(b)14C of the Foreigners Act, 1946.
3. Allegation against the petitioner is that he carried a women of Uzbekistan with him and misusing the lady as human trafficking and also by using her cheating the nearby people. On 02.04.2022 petitioner was apprehended and his self-statement was recorded and the victim statement was also recorded and there is contradictory version in the statement of both. Further alleged that Uzbekistani lady came in India with Krishna Kumar
Patna High Court CR. MISC. No.11163 of 2023(5) dt.10-08-2023 2/3 (petitioner) in unauthorized way.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that the lady in question has suo motu reached at Birpur and she wants to help from the petitioner and the petitioner has not committed any offence with the lady in question and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 03.04.2021.
5. Vide order dated 24.06.2023, a report was called for with regard to the present status of the trial. Report dated 01.08.2023 of the learned Trial Court reveals that all eight witnesses have already been examined and the case is fixed for argument.
6. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.
7. In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection
Patna High Court CR. MISC. No.11163 of 2023(5) dt.10-08-2023 3/3 with Birpur P.S. Case No. 107 of 2021 pending in the court of learned A.C.J.M., Birpur at Supaul.
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) Nitesh/- U T