Patna High CourtCR. MISC./53389/2018dismissed

Gokul Jha @ Gokul Kumar v. The State Of Bihar

2018-10-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53389 of 2018 Arising Out of PS. Case No.-658 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Gokul Jha @ Gokul Kumar, S/o Sudhanshu Shekhar Khan, R/o vill.- Panchgachhia Ward No. 4, P.S.- Bihra, District- Saharsa, At present - North of Bhawani Sah Chowk (Simraha), P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Saharsa Sadar P.S. Case No. 658 of 2018, instituted for the offences under Section 366A, 323,34 of the Indian Penal Code.

It is alleged that the minor daughter of the informant has been kidnapped in a four-wheeler by 4-5 persons. The informant has claimed to have identified Raushan Das and Gokul Jha among them. The case diary has been received. The victim girl is still traceless.

Learned counsel for the petitioner submits that in paragraph 30, it has come that victim girl is living with Raushan Das. But there is no proof of the same.

Patna High Court Cr.Misc. No.53389 of 2018(3) dt.05-10-2018 2/2 Considering the facts that the victim girl is still traceless, this Court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected at this stage.

The learned trial court is directed to expedite the trial and conclude the same as soon as possible. Petitioner is given liberty to renew his prayer for bail after six months in the event, no substantive progress is made in trial and even before completion of the aforesaid period, if the victim girl appears and her statement is recorded under Section 164 Cr.P.C. levelling no allegation against this petitioner.

(Sanjay Priya, J) khushbu/- U T