Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43066 of 2015 Arising Out of PS.Case No. -80 Year- 2014 Thana -SANHOLA District- BHAGALPUR ====================================================== Deepak Kumar son of Sambhu Mandal resident of village- Ghanshyamchak, P.S.- Sanhaula, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioner is to have kidnapped minor daughter of the informant.

It has been submitted on behalf of the petitioner that he is in custody since 8.12.2014. He has got no criminal antecedent. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. The case has been committed to the court of sessions. From perusal of paras-9 and 10 of the case diary it is evident that there was admitted love affairs between the petitioner and the victim and for the said reason the victim had eloped with the petitioner. On behalf of the State, it is submitted that petitioner is named in the F.I.R. and there is specific allegation made against the petitioner. Vide order dated 24.11.2015 a report was called for regarding stage of the case by the court below, same is at flag "A".

Patna High Court Cr.Misc. No.43066 of 2015 (4) dt.21-12-2015 2 / 2 From perusal of the said report it appears that one of the prosecution witnesses has already been examined in the case and the trial is in progress.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the court below, i.e., learned 5th Addl. Sessions Judge, Bhagalpur, is directed to take all necessary steps to conclude the trial in connection with S. T. Case no. 244/15 arising out of Sanhaula P. S. Case no. 80 of 2014 on day to day basis preferably within a period of four months from the date of receipt/production of a copy of this order. The District Magistrate, Bhagalpur, is also directed to ensure that prosecution witnesses are produced before the trial court on the date fixed by it so that the trial may be concluded within the stipulated period. Let a copy of this order be communicated to the District Magistrate, Bhagalpur.

(Sudhir Singh, J) sudip/- U T