Sidi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16021 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Sidi Kumar S/O Gagan Paswan R/O Village-Surgahi, P.S.- Tariyani, DistSheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 366A, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they abducted minor daughter of the informant due to ulterior motives.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous dispute. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.16021 of 2023(4) dt.01-08-2023 2/2 27.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation of kidnapping levelled against the petitioner. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with Case Diary, wherein she has specifically stated that the petitioner kidnapped her and took her to Anand Bihar and made many times physical relation with her.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of kidnapping and wrongdoing with the informant's daughter, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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