Shubham Kumar Choudhary @ Shubham Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30835 of 2023 Arising Out of PS. Case No.-223 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== SHUBHAM KUMAR CHOUDHARY @ SHUBHAM CHOUDHARY Son of Late Braj Bhusan Choudhary Resident of village - Chandchaur Dih, P.S. - Ujiyarpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Ujiyarpur P.S. Case No.223/2021 instituted under Sections 342,376,114,34 of the Indian Penal Code and under Section 3,5,6 of Immoral Trafficking Act, 1956 lodged on 23.07.2021 by the informant, Biswajit Kumar.

As per the allegation made in the FIR, the informant, a Police Sub-Inspector has alleged that upon secret information about the accused persons, the police raided the house of the petitioner herein. The accused Subham Kumar Choudhary as also Anand Mohan Jha tried to escape but were apprehended by the police. To their surprise, they heard the screaming of the

Patna High Court CR. MISC. No.30835 of 2023(3) dt.28-06-2023 2/2 girls and when they went inside, found two girls were there, namely Rakhi Ray and Sanchita Das, who disclosed that they have been brought from Kolkata on the pretext of job but upon reaching here, the accused person tried to establish physical relationships with them. The statement of the girls have been corroborated in the statements made under Section 164 Cr.P.C Earlier prayer for bail of the petitioner was rejected vide order dated 28.07.2022 passed in Cr. Misc. No. 18673 of 2022.

A report was called and as per the communication received, seven (7) witnesses have already been examined. Considering the aforesaid facts as also that the petitioner has sixteen (16) criminal cases under his belt, this Court is not inclined to grant him privilege of bail for the present which is accordingly rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months. (Rajiv Roy, J) Jagdish/KiranU T