Mukesh Kumar @ Mukesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17194 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- ALIPUR District- Gaya ====================================================== Mukesh Kumar @ Mukesh Kumar Sharma Son Of Krishna Bihari Mistri Resident Of Village - Bijalipur, P.S. - Shakurabad, Distt. - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 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 victim went with the petitioner of her own volition. The victim is major aged about 19 years. The petitioner is languishing in custody

Patna High Court CR. MISC. No.17194 of 2023(3) dt.07-07-2023 2/2 since 21.11.2022. 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 committed rape upon her.

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 and conclude the same at the earliest.

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