Patna High CourtCR. MISC./48857/2022dismissed

Rudal Rishi v. The State Of Bihar

2022-12-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48857 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- KADWA District- Katihar ====================================================== Rudal Rishi Son of Punai Rishi Resident of Village - Raiyapur, Bobra, Manjhok, Salmari, P.O.Kurehela, P.S.- Kadwa, District Katihar, Pin - 855113. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Anshuman Jaipuriyar, Advocate For the State :

Mr.Arun Kumar Pandey, APP For the Informant :

Mr. Md. Helal Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the counsel for the informant.

The petitioner is in custody in connection with Kadwa P.S. Case No.28 of 2022 registered for offences under Section 366(A) of the Indian Penal Code and later on, charge-sheet has been submitted under Sections 366(A) and 376 of the IPC and Section 4 of the POCSO Act.

The victim girl has been found to be minor though in her statement recorded under Section 164 of the Code of Criminal Procedure, she has stated that she was having love affair with the petitioner.

Learned counsel for the informant has submitted that

Patna High Court CR. MISC. No.48857 of 2022(2) dt.09-12-2022 2/2 the victim girl has again been kidnapped by the family of the petitioner for which a complaint has been filed but FIR has not been registered.

Considering the fact that this is a case under various provisions of the Indian Penal Code and POCSO Act and also considering the age of the victim-girl, this application is dismissed with a direction to the trial court to conclude the trial of the petitioner within six months from the date of receipt/ communication of this order. The petitioner may renew his prayer for bail after six months.

(Sandeep Kumar, J) BT/- U T