Dharamveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31552 of 2024 Arising Out of PS. Case No.-877 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Dharamveer Kumar S/O Rajo Mandal @ Nagraj Mandal, Resident of Bhola Tola, English Ward No.-2, P.S. and District- Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailesh Anand, Advocate For the Opposite Party :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2024 Heard Mr. Shailesh Anand, the learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 07.11.2022, in connection with Lakhisarai P.S. Case No. 877 of 2022, FIR dated 31.10.2022, registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code and under Sections 3, 4, 5 and 6 of Immoral Trafficking (Prevention) Act, 1956.

3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 22448 of 2023, which was rejected vide order dated 28.08.2023. Thereafter, the petitioner again moved before this Court in Cr. Misc. No. 4355 of 2024, which was withdrawn with a liberty to file fresh application

Patna High Court CR. MISC. No.31552 of 2024(3) dt.05-07-2024 2/3 before the learned trial Court.

4.

According to the prosecution case, after receiving information from West Karyanand Nagar, the informant along with other police personnel went to the alleged place and found that common public had surrounded a lady and upon enquiry it was found that the lady namely, Vibha Sinha was involved in sex racket and the husband of the deceased namely, Dharmveer Kumar was also an ally. It is further alleged that the deceased Nisha Kumari was also forced into prostitution by Dhramveer Kumar and Vibha Sinha.

5.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case and the informant is not the eyewitness of the alleged occurrence. 6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he has thrown the victim from the fourth floor and she has succumbed to her injuries. Apart from that, report of the learned trial Court dated 18.05.2024 reveals that there are eight prosecution witnesses, whose statements have been recorded in the case diary, but the Investigating officer has inadvertently mentioned only four

Patna High Court CR. MISC. No.31552 of 2024(3) dt.05-07-2024 3/3 witnesses in the chargesheet and till now out of four chargesheeted witnesses, two witnesses have been examined. 7.

Considering the aforesaid facts and circumstances and the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Lakhisarai P.S. Case No. 877 of 2022, pending in the Court of learned District & Session Judge, Lakhisarai.

8.

Prayer is refused.

9.

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