Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2730 of 2021 Arising Out of PS. Case No.-187 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== AMAN KUMAR S/o Pramod Sahni R/o Village- Akhtiyarpur, P.S.- Karja, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2021 Heard the parties in virtual court proceeding. Let the defect(s) be removed within four weeks of start of the physical court.

The petitioner is languishing in custody for the offences punishable under Sections 363, 366(A)/34 of the I.P.C. and later on, Section 376 of the I.P.C. and Section 8/12 of POCSO Act have been added.

The statement of the victim recorded under Section 164 Cr.P.C. would reveal that the petitioner and his father kidnapped her and the petitioner ravished her. Learned counsel for the petitioner has drawn attention of the court towards statement of some witnesses who stated that marriage negotiation between the two was going on and on failure false case has been lodged.

Patna High Court CR. MISC. No.2730 of 2021(4) dt.26-07-2021 2/2 Since the victim was a minor, there was no question of her marriage negotiation nor any other cogent evidence is available on the record. Hence, I am not inclined to enlarge the petitioner on bail. Prayer for bail is refused in connection with Karja P.S. Case No. 187 of 2018 pending in the court of learned 7th Additional Sessions Judge-cum- Special Judge, POCSO Act, Muzaffarpur.

The learned trial court is directed to expedite the trial. (Birendra Kumar, J) shahzad/- U T