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Patna High CourtCR. MISC./50438/2021dismissed

Ranjit Kumar @ Ranjit Das v. The State Of Bihar

2022-08-08Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50438 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== Ranjit Kumar @ Ranjit Das S/O Arjun Das R/o village- Bishanpur Gausi, P.S.- Mahnar, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-08-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks bail in a case registered in connection with Mahnar P.S.Case No. 130 of 2021 for the offences punishable under Sections 341, 342, 354(A) of the Indian Penal Code and section 8 and 11 of the POSCO Act.

As per the prosecution case, it is alleged that the petitioner had induced the daughter of the informant by offering biscuit and chocolate and took her away near the river side and committed wrongful act and it is also alleged that after seeing the co-villagers, petitioner fled away . Learned counsel for the petitioner submits that statement made in the FIR and the statement of the victim girl recorded under section 164 of the Cr.P.C are contradictory to each other. The petitioner and the informant are neighbours and there are previous enmity between the parties

Patna High Court CR. MISC. No.50438 of 2021(4) dt.08-08-2022 2/2 and prior to this case, two other cases have been instituted by the family members of the informant against the petitioner and his other family members and this case is instituted with an oblique motive. It is next submitted that this petitioner is in custody since 22.04.2021 and though the trial has not began till date and none of the witnesses has turned up. On the other hand, learned counsel for the State opposed the bail application and submits that victim has supported the prosecution case and categorically stated that this petitioner has committed wrongful act with her.

Having heard the rival contentions of the parties and taking into consideration the fact that the victim, who is only aged about 11 years has supported the prosecution case and she in her statement recorded under section 164 of the Cr.P.C, has made specific accusation against the petitioner, this court is no persuaded to enlarge the petitioner on bail and accordingly, his prayer for bail stands rejected. However, learned special court is directed to conclude the trial of the petitioner preferably, within six months failing which the petitioner shall be at liberty to renew his prayer for bail. (Harish Kumar, J) N.K/- U T