Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30532 of 2016 Arising Out of PS.Case No. -216 Year- 2013 Thana -SHASTRINAGAR District- PATNA ====================================================== Anand Kumar S/o Lakhan Das of village Nehal Chak Lakhana, P.S. Gauri Chak, District Patna, presently address Muhalla Shekhpura, P.S. Hawai Adda, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lallu Prasad, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Sessions Trial No.1371 of 2013 arising out of Shashtri Nagar P.S. case No.216 of 2013 instituted for the offence under Sections 363 and 366A of the Indian Penal Code, pending in the court of learned A.D.J. Vth, Patna. Later on Section 376 of the I.P.C. was added. The prosecution case, in brief, is that the informant's daughter Radha Kumari @ Pallav Kumari did not return from the tuition. Subsequently the informant knew that she was taken away by the petitioner along with four unknown persons. The victim was traced out and her statement under Section 164 Cr.P.C. was recorded wherein she has described her agony. She also stated that she was raped by the petitioner during captivity. Vide order dated 8.9.2016, a report was called for from

Patna High Court Cr.Misc. No.30532 of 2016 (5) dt.18-10-2016 2/2 the Trial Court. It has been reported that out of seven witnesses five witnesses have already been examined and the trial is expected to be concluded within a period of three months. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of four months from the date of receipt/production of a copy of this order.

The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. (Sudhir Singh, J) Narendra/- U T