Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42462 of 2024 Arising Out of PS. Case No.-311 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Rahul Kumar Son of Rajkishore Ram R/O Vill.- Rajapur, Ahiraulia, P.S.- Kotwa, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Sessions Trial No. 267 of 2024, arising out of Sangrampur P.S. Case No. 311 of 2022, instituted for the offences punishable under Sections 363, 365 of the Indian Penal Code and later on Section 302 was added.

3. The prosecution case, in short, is that, daughter of the informant went for grazing and after that she did not return to her house.

Patna High Court CR. MISC. No.42462 of 2024(5) dt.17-12-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no eye witness to the occurrence. It is alleged by the brother of the deceased that there was love affair between the deceased and the petitioner but the same has been denied by the petitioner. The petitioner is in custody since 23.09.2022 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that there is direct allegation attributed against the petitioner and brother of the deceased has also mentioned about the love affair between the deceased and the petitioner. It is further submitted that out of seven charge-sheeted witnesses, three witnesses have been examined and the trial is likely to be concluded within three months. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence as also the stage of the trial, this Court is not inclined to grant

Patna High Court CR. MISC. No.42462 of 2024(5) dt.17-12-2024 3/3 bail to the petitioner.

7. At this stage, the prayer is rejected. The trial Court is directed to expedite the Trial expeditiously. (Rudra Prakash Mishra, J) Rajorshi/- U T