Appu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42968 of 2024 Arising Out of PS. Case No.-303 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Appu Kumar Son of Lallan Prasad Resident of Village- Masoomganj, P.SBhagwan Bazaar, Dist- Saran, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Haseena Khatun D/O Naimuddin Mansuri R/O Naviganj, P.S.- Bhagwan Bazaar, Dist.- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bhagwan Bazar P.S. Case No. 303 of 2022 instituted for the offence under Sections 366(A), 376, 120(B)/34 of the Indian Penal Code.

3. As per allegation in the FIR, co-accused Rahul Kumar is said to have abducted the minor granddaughter of the informant with wrong intention.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on

Patna High Court CR. MISC. No.42968 of 2024(3) dt.12-07-2024 2/2 the basis of statement of victim recorded u/s 164 of the Cr.P.C. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 10.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the victim girl was recovered and her statement has been recorded u/s 164 of the Cr.P.C. in which she specifically stated that co-accused Rahul and Mutuk Chaudhary took her to Ludhiyana where the petitioner Appu and co-accused Golu kept her in a room for one and half month and committed wrong several times. The victim is minor girl who stated her age about 15 years.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) amandeep/- U T