Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42872 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== ANKIT KUMAR Son of Ashok Yadav Resident of village- Bhuthri, P.SBachhwara, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-01-2023 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 and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bachhwara P.S. Case No. 104 of 2022 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code. As per prosecution case, the informant saw that the petitioner fled away with his niece who is aged about 17 years on motorcycle. It is further alleged that other co-accused persons kidnapped informant's niece under conspiracy. Learned counsel for the petitioner submits that petitioner is having love affair with the victim. It has been submitted that as per the medical report, the victim is major.

Patna High Court CR. MISC. No.42872 of 2022(3) dt.30-01-2023 2/2 Petitioner is quite innocent and has committed no offence. Learned counsel for the petitioner submits that petitioner is in custody since 10.05.2022 and bears no criminal antecedent.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner by contending that petitioner has forcibly taken away the victim and solemnized marriage with her and the same is corroborated by the statement of victim recorded under Section 164 of Cr.P.C.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with statement of victim recorded under Section 164 of Cr.P.C. as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the learned trial court is directed to conclude the trial within six months from the date of receipt/production of copy of this order to the court concerned. If the trial is not concluded within the stipulated period, petitioner may renew his prayer for bail.

(Alok Kumar Pandey, J) alok/- U T