Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35713 of 2024 Arising Out of PS. Case No.-29 Year-2020 Thana- MAHILA P.S District- West Champaran ====================================================== Kiran Devi Wife Of Brajesh Giri Resident Of Village- Fulwari, P.S.- Hawai Aadda, District- Patna, Permanent Resident Of Village- Giri Tola, Parsa, P.S.- Bettiah Muffasil (POLICE Has Wrongly Mentioned the P.S. of the petitioner as Bettiah Muffasil ( Manuapool), Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41062 of 2024 Arising Out of PS. Case No.-29 Year-2020 Thana- MAHILA P.S District- West Champaran ====================================================== Bittu Kumar @ Bittu @ Ravi Ranjan S/o- Bashist Narayan @ Janmanjay Rai Village- Lachmanpur Po- Kamla Gopalpur P.S- Neora Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 35713 of 2024) For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP (In CRIMINAL MISCELLANEOUS No. 41062 of 2024) For the Petitioner/s :
Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-08-2024 Heard learned counsels for the petitioners and the learned A.P.Ps. for the State in both the applications.
2. The petitioners seek bail, who are in custody since 20.12.2020 in connection with Bettiah (Mahila) P.S. Case No. 29 of 2020, F.I.R. dated 19.12.2020 registered for the offence
Patna High Court CR. MISC. No.35713 of 2024(3) dt.09-08-2024 2/3 punishable under Sections 364, 450, 506, 372, 373, 374, 120B/376(D)(B) of IPC of the Indian Penal Code, Sections 3,4,5,6,7,8, of Immoral Traffic Act, Sections 4/17 of POCSO Act and Sections 75 and 81 of J.J.Act.
3. Earlier the prayer for bail of petitioner, namely, Kiran Devi, was rejected vide order dated 17.02.2022 passed in Cr. Misc. No.35876 of 2021 and earlier the prayer for bail of petitioner, namely, Bittu Kumar @ Bittu @ Ravi Ranjan, was twice rejected vide orders dated 17.02.2022 and 18.01.2023 passed in Cr. Misc. Nos.35309 of 2021 and 52014 of 2022 respectively.
4. Vide order dated 21.06.2024, a report was called for with regard to the present status of the trial in Cr. Misc. No.35713 of 2024. Report of the learned Trial Court dated 06.07.2024 reveals that all the witnesses have already been examined and learned counsel for the petitioner, namely, Kiran Devi, has not argued the case and seeking time for argument in the present pending case. Learned counsel for petitioner, namely, Bittu Kumar @ Bittu @ Ravi Ranjan, submits that on behalf of Bittu Kumar @ Bittu @ Ravi Ranjan in the learned court below, learned Advocate for the petitioner, namely, Bittu Kumar @ Bittu @ Ravi Ranjan, has already concluded the
Patna High Court CR. MISC. No.35713 of 2024(3) dt.09-08-2024 3/3 argument.
5. Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and the report of the learned Trial Court, I am not inclined to enlarge the petitioners on bail in connection with Bettiah (Mahila) P.S. Case No. 29 of 2020 pending in the court of learned Special Judge, POCSO-cum-A.D.J.-VI, Bettiah, West Champaran.
7. Prayer is refused.
8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T