Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16924 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== ANIL KUMAR S/o Upendra Mandal Resident of village-Parsa, P.S.-Hathauri, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Section 341, 323, 324, 307, 354(B), 504, 506 of the Indian Penal Code.

3. As per allegation in the FIR, while two daughters of the informant were returning from agricultural field, Petitioner and co-accused Jayknat Madal dragged the victim girl towards orchard with bad intention. On protest made by the victim girl (elder daughter), petitioner gave knife blow on her stomach and back. In the meantime, her younger sister came near to rescue her sister, she was also given knife blow causing injury on her hand. When the victim girls raised alarm, nearby people gathered there and petitioner fled away from the spot.

Patna High Court CR. MISC. No.16924 of 2023(4) dt.31-07-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the occurrence. Petitioner has got no criminal antecedent and languishing in judicial custody since 24.05.2022.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that there is direct allegation of trying to outrage the modesty of the victim girls against the petitioner. On protest made by the both the victim girls (sisters), petitioner given knife blow to the elder sister on her stomach and back and when her younger sister came there to rescue her, she was also given knife blow causing injury in her hand. During investigation, several witnesses have supported the prosecution case. As per injury report of victim girl (elder sister) has received four incised wound, which are on vital organ (abdomen and back) and grievous in nature and another victim girl (younger sister) has received two injuries, which are of simple nature.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.16924 of 2023(4) dt.31-07-2023 3/3

7. Progress reort, dt. 12.7.2023, suggests that trial is likely to be concluded within a period of six months.

8. The trial court is directed to expedite and conclude the trial within six months, as mentioned in its progress report, failing which the petitioner will be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) sushma/- U