Hemant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.38738 of 2020 Arising Out of PS. Case No.-1454 Year-2019 Thana- NAWADA District- Nawada ====================================================== HEMANT KUMAR SINGH S/o Satendra Singh R/o Village- Gonawan, P.S.- Nawada, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Nawada P.S. Case No. 1454 of 2019 registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

As per the prosecution story, the daughter of the informant left his home for coaching class but she did not return till 10 am. The informant inquired from her classmate and came to know that her daughter did not go to the coaching class. The

Patna High Court CR. MISC. No.38738 of 2020(4) dt.13-07-2021 2/3 informant inquired from her relatives about her daughter but did not get any information. The informant doubts that the petitioner who has his shop near her daughter's coaching class has kidnapped her daughter for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is in custody since 13.01.2020 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein this petitioner is said to be the maternal uncle's son of the victim girl, she was allegedly made to board in the bolero vehicle on the pretext of leaving her to her coaching institute but then she was taken to a different place and it has come in course of investigation in form of statement of the victim under Section 164 Cr.P.C. that this petitioner had established physical relationship with her on several occasions, finding that the victim girl is aged about 14 and half years only, in the nature of offences alleged against the petitioner and materials placed before this Court, this Court is not inclined to release the petitioner on bail. Let the trial be expedited.

Patna High Court CR. MISC. No.38738 of 2020(4) dt.13-07-2021 3/3 The trial court is directed to proceed with the trial as early as possible and conclude the same within a reasonable period preferably within a period of nine months from the date of start of normal functioning of the court.

This application is dismissed.

(Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.