Kishan Kumar Das @ Kishan Das @ Kishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41463 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== KISHAN KUMAR DAS @ KISHAN DAS @ KISHAN KUMAR S/o- Shree Chand Das Resident of Village - Pitwatol, P.S.- Deodha, Dist.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the informant :
Mr. Kripa Nand Jha For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in connection with Basopatti P.S. Case No. 92 of 2022 registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Sections 8 and 12 of POCSO Act.
As per prosecution case, petitioner and others concertedly kidnapped the informant's minor daughter. Learned counsel for the petitioner submits that petitioner is in custody since 11.05.2022. Petitioner bears no criminal antecedent. Learned counsel further submits that
Patna High Court CR. MISC. No.41463 of 2022(3) dt.31-01-2023 2/2 petitioner is innocent and has committed no offence as alleged in the F.I.R.
The learned A.P.P. for the State and learned counsel for the informant vehemently oppose the prayer for bail of the petitioner and submit that the trial is at advance stage. All nonofficial witnesses were examined. Only I.O and doctor have not been examined.
Considering the facts and circumstances of the case, since trial is at advance stage, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner stands rejected.
However, if the trial is not concluded within three months from the date of receipt of this order, the petitioner may renew his prayer for bail.
(Alok Kumar Pandey, J) amitkr/- U T