Patna High CourtCR. MISC./28850/2023rejected

Shyam Kumar v. The State Of Bihar

2023-07-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28850 of 2023 Arising Out of PS. Case No.-25 Year-2019 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== SHYAM KUMAR Son of Ram Babu Mahto Resident of village - Kancha, Ward No.- 8, P.S.- Vidyapatinagar (Ghatho), District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zeyaul Hoda, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 04.01.2022 in connection with Vidyapati Nagar P.S. Case No. 25/2019, F.I.R. dated 03.03.2019 for the offences punishable under Sections 363 and 366(A) of the IPC.

3. According to prosecution case, some unknown persons are alleged to have kidnapped the daughter of the informant for the purpose of marriage.

4. Earlier the bail petition of the petitioner was rejected vide order dated 22.08.2022 in Cr. Misc. No. 17204/2022. Thereafter the petitioner again moved before this Hon'ble Court vide Cr. Misc. No.5700/2023, which was dismissed as withdrawn with liberty to move afresh before the appropriate forum vide order dated 01.02.2023. Thereafter the petitioner has again approached this Court in the present bail petition.

5. Vide order dated 17.05.2023 a report was called for

Patna High Court CR. MISC. No.28850 of 2023(4) dt.26-07-2023 2/2 from the learned Trial Court. Report dated 27.05.2023 of the learned Trial Court reveals that out of 6 charge sheeted witnesses, five witnesses have been examined and only the doctor is yet to be examined in the present case.

6. Learned Additional Public Prosecutor for the State on the other hand has opposed the prayer for bail of the petitioner.

7. In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Vidyapati Nagar P.S. Case No. 25/2019, pending in the Court of learned Additional Sessions Judge, Dalsingsarai, Samastipur.

8. Prayer is refused.

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