Patna High CourtCR. MISC./31288/2018disposal with observation

Pankaj Kumar @ Pankaj Mishra v. The State Of Bihar

2018-09-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31288 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -DUMRA District- SITAMARHI ====================================================== Pankaj Kumar @ Pankaj Mishra S/o Dilip Kumar Mishra, R/o Vill.- Beli, P.S.- Dumra, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Dumra P.S.Case No. 56 of 2018 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code. Allegation against the petitioner is of kidnapping of daughter of the informant.

Submission of learned counsel for the petitioner is that the victim girl is major and there is delay of five days in giving information to the police and petitioner is next door neighbour of the informant. Further submission is that the victim in her statement under Section 164 Cr.P.C. she has supported the prosecution case and stated that petitioner has made physical relationship with her and she has stated her age as 15 years.

Patna High Court Cr.Misc. No.31288 of 2018 (6) dt.24-09-2018 2/2 Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, since petitioner is in custody since 12.2.2018, learned court below is directed to expedite the commitment of the case and thereafter learned trial court is directed to expedite the trial and conclude the same within a period of nine months. If trial is not concluded within the said period and there is no laches on the part of the petitioner and other accused persons, learned trial court shall release the petitioner on bail to its own satisfaction. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T