Sankar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4860 of 2021 Arising Out of PS. Case No.-89 Year-2019 Thana- BARIYARPUR District- Munger ====================================================== SANKAR DAS S/O CHANDRADEO DAS RESIDENT OF VILLAGESAHABAD GORYASI, P.S-SULTANGANJ AND DISTRICTBHAGALPUR. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Pandey For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2021 Heard the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP for the State.
The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection Bariyarpur PS case no. 89 of 2019 under Sections 323, 341, 363, 366A, 504/34 of Indian Penal Code, inasmuch as the earlier bail petition filed by the petitioner for grant of bail was rejected by this Court vide order dated 08.06.2020, passed in Cr. Misc. no. 13070 of 2020.
The case of the prosecution in brief, according to the informant, is that the informant had organized Sri Satnarayan Bhagwan Puja in the evening of 27.05.2019 wherein the acquaintances of the informant along with accused
Patna High Court CR. MISC. No.4860 of 2021(2) dt.20-01-2021 2/3 persons had participated. On 29.05.2019 at about 3:00 pm in the day time when the acquaintances of the informant were leaving, the petitioner told the informant to let her daughter accompany him up to the market at Baniapur, whereafter the daughter of the informant aged about 14 years had gone with the petitioner herein, however when she did not come till evening, the informant had searched for her and had also gone to the house of the petitioner and enquired about her daughter upon which they informed the informant that the girl had already gone back to her house and when the informant told them that his daughter has not come back to the house, the accused persons including the petitioner herein started abusing the informant and assaulting him and told him that his daughter has been kidnapped.
The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 16.09.2019, without there being any progress in the trial. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that there is no
Patna High Court CR. MISC. No.4860 of 2021(2) dt.20-01-2021 3/3 change in the circumstance from the date, the prayer of the petitioner for grant of bail was rejected earlier vide order dated 08.06.2020, till date, I do not find any merit in the present petition, hence the same stands dismissed.
(Mohit Kumar Shah, J) rinkee/- U T