Ajay Basphor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17182 of 2024 Arising Out of PS. Case No.-403 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Ajay Basphor S/o Lalan Basphor R/o Mirganj Dakshin Mohalla, P.S.- Mirganj, District- Gopalganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 363/366A of the Indian Penal Code.
3. The petitioner in association of other co-accused is said to have kidnapped the daughter of the informant and committed sexual assault against her.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case merely on suspicion. It is further submitted that there is nothing in the record indicating the complicity of the petitioner in the occurrence. The petitioner has no criminal antecedent and has
Patna High Court CR. MISC. No.17182 of 2024(3) dt.10-04-2024 2/2 been languishing in custody since 21.12.2022.
5. Learned APP for the State vehemently opposing the bail petition submitted that the victim is aged about 14 years and in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case in toto. Hence, the petitioner does not deserve bail.
6. In the facts and circumstances of the case and the nature of the allegation, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected. However, the learned Trial Court is directed to expedite the trial. (Anjani Kumar Sharan, J) Trivedi/- U T