Virendra Giri @ Virendra Nath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28474 of 2022 Arising Out of PS. Case No.-19 Year-2017 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== VIRENDRA GIRI @ VIRENDRA NATH SON OF LATE JANAK GIRI R/O VILLAGE- CHAKIYA DHARAMPUR, P.S.- SIWAIPATTI, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with S.T. No. 524A/2017 arising out of Siwaipatti P.S. Case No. 19 of 2017 for the offences under Sections 363 of the Indian Penal Code and later on sections 302 and 201/34 of the Indian Penal Code were added.
As per the FIR, it is alleged that eight years old daughter of the informant was playing behind her home and she went missing. Despite search, they could not find the child. Accordingly, the FIR was lodged and subsequently the name of
Patna High Court CR. MISC. No.28474 of 2022(2) dt.08-09-2022 2/2 the petitioner cropped up during the course of investigation but he chose to evade arrest. The FIR was lodged in the year 2017 and it was only in the month of March, 2022 that the petitioner chose to walk into the judicial custody.
Taking into account the aforesaid conduct of the petitioner of evading arrest of five long years as also the fact that the case is of kidnapping/missing of eight years old child of the informant, this Court is not inclined to grant him privilege of bail.
Considering the fact that the case is of 2019, the trial court is hereby directed to conclude the trial expeditiously and preferably within a period of one year.
With the aforesaid observations, the bail application stand rejected.
(Rajiv Roy, J) Jagdish/NehaU T