Reyasat Ansari @ Reyasat Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29183 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- DUMARIYA District- Gaya ====================================================== Reyasat Ansari @ Reyasat Hussain S/o Anwar Miyan @ Anwar Hussain Resident of Village- Salaiya Tola, Ucchaulia, Kasiyadih, P.S.- Dumariya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2023 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused have kidnapped the two minor girls for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.29183 of 2022(5) dt.15-02-2023 2/3 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. against the petitioner is false and fabricated. He further submits that the victims girls were recovered and their statements were recorded under Section 164 of the Cr. P.C. in which one of the victim girl namely Sangeeta Kumar has stated in her statement that the petitioner has committed rape upon her and the other victim girl Namely Manti Kumari has stated in her statement that the petitioner has not abducted her.

Vide order dated 27.09.2022, a report was called with regard to the stage of the trial. The report dated 23.01.2023 reveals that the trial has begun and out of eight prosecution witnesses, one witness has been examined on behalf of the prosecution.

Learned counsel for the petitioner submits that in view of the report of the learned Trial Court, there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 15.12.2021.

Learned APP for the State, on the other hand, on the basis of material available on record as well as in the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the trial has begun.

Patna High Court CR. MISC. No.29183 of 2022(5) dt.15-02-2023 3/3 Considering the aforesaid facts that the trial has begun, I am not inclined to enlarge the petitioner on bail in connection with Dumariya P.S. Case No. 65 of 2021, pending in the Court of learned Judicial Magistrate 1st Class, Sherghati, Gaya.

Prayer is refused.

However, the learned Trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Ibrar//- U T