Umesh Kumar @ Umesh Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18542 of 2023 Arising Out of PS. Case No.-411 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== UMESH KUMAR @ UMESH TANTI BASANT TANTI Village- Harkunda Ps- Shampur Haveli Kharagpur Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 366(A) and 376 of the Indian Penal Code and Sections 3, 4 of the POCSO Act. The allegation against the petitioner along with others is of kidnapping the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.01.2023.

Learned APP for the State has opposed the application for bail and submitted that the victim girl has recovered and her

Patna High Court CR. MISC. No.18542 of 2023(3) dt.03-07-2023 2/2 statement has recorded u/s 164 of the Cr.P.C., in which she stated that the petitioner taken away to her in a room and committed rape upon her on the false pretext of marriage. Victim is a minor girl. During investigation several witnesses have also supported the prosecution case.

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.

The trial Court is directed to conclude the trial expeditiously.

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