Patna High CourtCR. MISC./36148/2019dismissed

Deepak Kumar @ Deepak Kumar Mahto v. The State Of Bihar

2019-10-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36148 of 2019 Arising Out of PS. Case No.-65 Year-2017 Thana- PASRAHA District- Khagaria ====================================================== Deepak Kumar @ Deepak Kumar Mahto Son of Kanhaiya Mehta Resident of Village- Tohta Baghwa, P.S.- Mirganj, District- Purnia ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjan Kumar Singh, Advocate For the Opposite Party :

Mr.Nirmala Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the parties.

Petitioner seeks regular bail in a case registered for the offence under section 366A of the Indian Penal Code on the allegation that he enticed away 15 years old informant's sister on the pretext of marrying her.

Learned counsel for the petitioner submits that the petitioner is merely school bus driver and he has falsely been implicated in this case due to ulterior motive by the school administration. Petitioner is in custody since 29.11.2017. In view of order of this Court dated 3.9.2019, report of the learned Sessions Judge, Khagaria dated 9.9.2019 is on record which discloses that all the five charge sheeted witnesses have been examined in Sessions Trial No. 39 of 2018 and now only the victim is to be examined for whose appearance processes have been issued and the next date fixed for

Patna High Court CR. MISC. No.36148 of 2019(4) dt.16-10-2019 2/2 prosecution evidence is 18.9.2019.

Keeping in view the nature of allegation, petitioner's prayer for bail is rejected.

As the petitioner is in custody since 29.11.2017, trial court is directed to ensure appearance of the victim by taking resort of process of law and to conclude the trial as early as possible, preferably within six months from today, failing which the petitioner will have the liberty to renew the prayer for bail. (Prabhat Kumar Singh, J) Shashi U T