Himalay Kumar @ Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24274 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- RUPAULI District- Purnia ====================================================== HIMALAY KUMAR @ AMAN KUMAR Son of Mukesh Mandal Resident of Village- Buddichak, Ward No. 06, P.S.- Rupauli (Mohanpur O.P.), District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 366A, 363, 341, 323, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, the accused persons including the petitioner herein kidnapped the 15 year old minor daughter of the informant for the purpose of marriage. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Coaccused Pankaj Mandal has been enlarged on anticipatory bail by the learned court below itself. There is delay of 4 days in lodging of the FIR. The petitioner is in custody since 19.7.2021 and has no criminal antecedent. Chargesheet has been submitted
Patna High Court CR. MISC. No.24274 of 2022(3) dt.12-01-2023 2/2 in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration that not only the petitioner is named in the FIR but the minor daughter of the informant has made specific allegation of rape against this petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T