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Patna High CourtCR. MISC./13430/2024bail rejected

Sandeep Kumar v. The State Of Bihar

2024-03-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13430 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- LAUKARIA District- West Champaran ====================================================== Sandeep Kumar Son of Uma Yadav R/o Village- Pipra Charauli Far Sahani, P.S.- Laukariya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Laukaria P.S. Case no.33 of 2023 registered under sections 366 and 354 of the Indian Penal Code and section 8 of the POCSO Act.

3. As per the prosecution case, the informant states that the he sent his six year old daughter to get some articles from the shop. While she was returning, on the threat of knife, the accused made an attempt to kidnap her but on hulla being raised, he left her and escaped.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of petty dispute between the parties who are neighbours. No such occurrence as alleged has taken place. It is

Patna High Court CR. MISC. No.13430 of 2024(2) dt.12-03-2024 2/2 further stated that the trial has commenced in the learned trial Court and the material witnesses who have been examined and whose depositions have been brought on record as Annexure-2 series, have turned hostile. There being no chance of the trial concluding in the conviction of the petitioner, he be enlarged on bail. The petitioner is in custody since 13.4.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R. together with the trial having commenced in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial and to conclude the same at the earliest preferably within a period of 6 months from the date of communication of this order. (Partha Sarthy, J) Bibhash U T