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Patna High CourtCR. MISC./19265/2023rejected

Sanjay Kumar Yadav v. The State Of Bihar

2023-08-04Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19265 of 2023 Arising Out of PS. Case No.-98 Year-2021 Thana- ARER District- Madhubani ====================================================== Sanjay Kumar Yadav Son of Late Ram Udgar Yadav @ Late Ramudagar Yadav Resident of Village-Balaha, P.S.-Arer, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Informant : Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informnt and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 28.03.2022 in connection with Arer P.S. Case No. 98 of 2021, corresponding to G.R. No. 731 of 2021 F.I.R. dated 25.10.2021 registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

3. The prosecution case, in short, is that on 19.10.2021 at 10:00 O'clock accused petitioner is alleged to have kidnapped the minor daughter of the informant with the intention of marrying her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.19265 of 2023(4) dt.04-08-2023 2/2 petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Vide order dated 04.07.2023, a report was called for with regard to the stage of the trial. Report dated 19.07.2023 of the learned Trial court reveals that out of seven chargsheeted witnesses, six witnesses have been examined.

6. Considering the aforesaid facts and in view of the report of the learned Trial court, I am not inclined to enlarge the petitioner on bail in connection with Arer P.S. Case No. 98 of 2021 corresponding to G.R. No. 731 of 2021 pending in the Court of learned A.D.J. 7th cum Special Judge, POCSO Act, Madhubani.

7. Prayer is refused.

8. However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T