Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48093 of 2021 Arising Out of PS. Case No.-212 Year-2018 Thana- TATARPUR District- Bhagalpur ====================================================== Kanhaiya Singh Son of Birendra Prasad Singh Resident of Village - Backchappar, P.S. - Sahkund, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-07-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Rajiv Ranjan Singh, learned counsel for the petitioner as well as learned counsel for the State. The petitioner is languishing in custody since 07.06.2020 in connection with Tatarpur P.S.Case No. 212 of 2018 corresponding to Session Trial no. 263 of 2020 registered for the offences punishable under Sections 366 of the Indian Penal Code.

As per prosecution case, it is alleged that on 22.08.2018, while the wife of the informant was returning to Bhagalpur. In the meanwhile, this petitioner on the pretext of leaving her to his house abducted her and taken away to Delhi. It is submitted by the learned counsel for the

Patna High Court CR. MISC. No.48093 of 2021(4) dt.18-07-2022 2/3 petitioner that from the FIR, it is evident that the victim lady was a major one and in fact she had gone to Delhi on her own sweet will because at no point of time, the victim has raised any hue and cry and asked for help to anyone. It is also submitted that this petitioner is in custody since 07.06.2020 having fair antecedent.

On the other hand, learned counsel for the state drawn the attention of this Court towards the present stage of the trial showing it at the fagend.

Having regard to the submission and taking into consideration, the present stage of the trial that all the charge sheet witnesses have already been examined, except the I.O of the case, this Court is not persuaded to enlarge the petitioner on bail and hence, his prayer for bail stands rejected for present. However, the learned trial court is directed to ensure the completion of the trial of the petitioner within a period of two months, failing which the petitioner shall be at liberty to renew his prayer for bail. It is needless to say that the learned trial court will take all necessary steps to ensure the conclusion of the trial within the aforesaid period and in case of need, direct the Superintendent of Police to ensure the appearance of investigating officer in order to facilitate the conclusion of trial

Patna High Court CR. MISC. No.48093 of 2021(4) dt.18-07-2022 3/3 of the petitioner.

This application stands dismissed with the aforesaid observation.

(Harish Kumar, J) N.K/- U T