Tapasiyanand @ Shyamchand Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39201 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Tapasiyanand @ Shyamchand Choudhary, Son Of Late Ramnarayan Choudhary, Resident Of Village- Selhara, P.S.- Lalganj, District- Basti (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Anuj Kumar, Advocate For the S t a t e :

Mr.Kalyan Shanker, APP For the Informant :

Mr. Om Prakash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sheikhpura Mahila P.S. Case No.09 of 2020 (Sessions Trial No.41 of 2020) for the offence punishable under Sections 363/354B/364/511/120B and 34 of the Indian Penal Code, in which chargesheet has been submitted under Sections 354B, 364 and 511 of the I.P.C. and the case is pending in the court of learned Additional Sessions Judge-III, Sheikhpura. The informant has alleged that she along with five Sadhavis had gone to Sheikhpura Mahila Police Station in connection with a case and while returning from the Police Station on car, the petitioner along with other unknown persons

Patna High Court CR. MISC. No.39201 of 2020(5) dt.16-03-2021 2/3 followed her car and took all of them hostage at the point of revolver and kidnapped them and tried to outrage their modesty in the running car. Somehow they could be able to save their lives and the petitioner was apprehended.

It is submitted by the petitioner's counsel that the entire allegations are false and the informant is in the habit of lodging false cases against the petitioner. He is in custody since 24.01.2020.

Learned APP for the informant and the learned APP for the State have opposed the prayer for bail. It is submitted that the petitioner has involved in two other cases also. They further submits that out of six witnesses, two witnesses have been examined in this case.

Considering the rival submissions and the nature of allegations, this Court is not inclined to allow the prayer for bail. The same is rejected.

As per the report of the trial court, it is expected that the trial be conducted expeditiously and without any undue delay or unnecessary adjournments.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks

Patna High Court CR. MISC. No.39201 of 2020(5) dt.16-03-2021 3/3 from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T