Hakim Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21689 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- ITARHI District- Buxar ====================================================== HAKIM CHOUHAN, S/o Vijay Chouhan, R/o Village Itrahi, P.S. Itrahi, District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digvijay Kumar Ojha, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 365, 366, 367, 368, 370 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter and daughter's daughter of the informant disappeared. On search, she was not to be found. It is stated that subsequently on 30.10.2020, a phone call was received from her daughter informing the informant that the six named accused persons including the petitioner herein had by way of a conspiracy taken her away, intoxicated her and had sold her for Rs.1.1 lacs. They had kidnapped a number of girls and were involved in flesh trade.

Patna High Court CR. MISC. No.21689 of 2021(3) dt.22-10-2021 2/2 It is submitted by learned counsel for the petitioner that there is inordinate delay in lodging of the F.I.R. No material has transpired in course of investigation to connect the petitioner with the alleged crime. Even as per the statement of the victim under section 164 Cr.P.C., the main allegation is against accused Dipu with whom she was married and Nitu Devi who is said to have taken her away. The petitioner is in custody since 4.11.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

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

Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the statement of the victim under section 164 Cr.P.C. wherein she has narrated about having been kidnapped and taken to Rajasthan where she was married to Dipu and in the occurrence the petitioner was also present, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T