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Patna High CourtCR. MISC./16340/2022dismissed

Manjay Kumar v. The State Of Bihar

2022-07-14Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16340 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Manjay Kumar Son of Sudish Ray Resident of Village - Lalu Chhapra, P.S.- Paroo, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and the State.

The petitioner is in custody in connection with Paroo P.S. Case No. 131 of 2021 under sections 363, 366(A), 506 and 34 of the Indian Penal Code.

The informant alleged in the FIR that her minor daughter had disappeared and she had attributed the said abduction to the accused persons. Subsequently, the girl was recovered and she made statement under section 164 of the Cr.P.C. in which she made specific allegation against the petitioner that he had taken her to Patna, kept her in 'Mandiri Locality' and forcibly made physical relationship with her. She further narrated that when she got an opportunity, called for her mother and thereafter was able to come out of the custody of the

Patna High Court CR. MISC. No.16340 of 2022(2) dt.14-07-2022 2/2 accused persons/the petitioner herein.

Taking into account the aforesaid fact that it is the petitioner against whom the minor girl has levelled allegation under section 164 of the Cr.P.C., this Court, for the present, is not inclined to grant him any relief and the bail application is hereby rejected.

In view of the fact that the petitioner is in custody since 30.4.2021, the trial Court/POCSO Court is directed to expedite the trial and conclude the same at an earliest without any unnecessary adjournment.

(Rajiv Roy, J) Ravi/- U T