Rama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24605 of 2023 Arising Out of PS. Case No.-214 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== RAMA KUMAR S/O LAUTAN YADAV R/O Village- Chaumukha, P.SJogapatti, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Jogapatti P.S. Case No. 214 of 2022 for the offence punishable under Sections 363, 366(A), 341, 323, 504/34 of the I.P.C. and section 12 of the Protection of Children from Sexual Offences Act lodged on 20.4.2022 by the informant, Pinki Devi.

As per the prosecution story, the allegation is that the accused persons took away the minor girl of the informant while she was out to attend nature's call.

In this case, a coordinate bench of this Court had called case diary which has since been received and learned APP has taken this Court to the statement made by the victim girl under section 164 of the Cr.P.C., according to which, she

Patna High Court CR. MISC. No.24605 of 2023(3) dt.17-08-2023 2/2 complains that this petitioner had taken her to Faridabad without her consent.

Taking into account the fact that the victim girl has been found to be a minor (13 years) and she has supported the prosecution story, for the present, this Court is not inclined to extend him the privilege of bail which is accordingly rejected. In view of the fact that the petitioner has remained in custody for one year, the trial Court is directed to expedite the trial and conclude the same, preferably within six months. (Rajiv Roy, J) Ravi/- U T