Patna High CourtCR. MISC./38339/2022bail rejected

Jugesh Kumar v. The State Of Bihar

2022-12-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38339 of 2022 Arising Out of PS. Case No.-76 Year-2021 Thana- KACCHWA District- Rohtas ====================================================== Jugesh Kumar Son Of Rajendra Singh Resident Of Village- Amauna, P.S.- Kachhawa, District- Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kachhawa P.S. Case No. 76 of 2021 lodged under Sections 341, 323, 376, 504, 34 of the I.P.C.

As per the prosecution case, the allegation of kidnapping in the name of marriage has been made by the Informant, against the present petitioner, in which her daughter was subject to kidnapping.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 31.03.2022 having

Patna High Court CR. MISC. No. 38339 of 2022(3) dt.01-12-2022 2/2 clean antecedent and charge sheet has already been filed in this case. Learned counsel for the petitioner submits that there is delay of 5 days in filing the F.I.R.

Learned counsel for the State opposes the prayer for bail and submits that statement made under Section 164 of Cr.P.C. has been received in which it has come that the allegation under Section 376 of Cr.P.C. is there and subsequently being supported by the said victim. Upon specific query whether charge has framed or not, learned counsel for the petitioner submits that charge has not framed in this case.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and the bail application is hereby rejected. Liberty is hereby granted to the petitioner that he may renew his prayer for bail 3 months from the date of trial shall be concluded.

(Dr. Anshuman, J.) ashishsingh/- U T