Chhotu Kumar Sah @ Dev Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14082 of 2023 Arising Out of PS. Case No.-166 Year-2020 Thana- KORHA District- Katihar ====================================================== Chhotu Kumar Sah @ Dev Kumar Sah S/O Ram Nath Sah Resident Of Village- Ghuski Siwana, P.S.- Barari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code. It is a case of commission of kidnapping and rape to the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim were in love with each other and when the petitioner denied to perform marriage with the daughter

Patna High Court CR. MISC. No.14082 of 2023(4) dt.01-08-2023 2/3 of the informant, the informant lodged this false case against the petitioner. The petitioner is languishing in custody since 29.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the specific accusation of committing wrong is against the petitioner and the victim in her 164 Cr.P.C statement has also specifically alleged against the petitioner that he forcefully took the victim with him and forcefully performed marriage and out of the forceful sexual assault, a child was also born. Considering the fact that thrust of accusation is against the petitioner, this Court is not inclined to grant bail to the petitioner.

The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial

Patna High Court CR. MISC. No.14082 of 2023(4) dt.01-08-2023 3/3 and conclude the same within a period of six months. The petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within six months.

(Sunil Kumar Panwar, J) Shageer/- U T