Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56341 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Abhishek Kumar Son of Laxmi Lal Rai @ Laxmi Lal Ray, Resident of Village - Bardiha Turki, P.S. - Patepur, District - Vaishali At Hajipur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sanju Kumari Wife of Bhim Ram Kunwar, Resident of Village - Bardiha Turki, P.S. - Patepur, District - Vaishali At Hajipur. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Dilip Kumar Roy, the learned counsel for the petitioner, the learned counsel for the informant and Mr. Choubey Jawahar, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 20.03.2024, in connection with Patepur P.S. Case No. 70 of 2024, FIR dated 08.03.2024, registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code and under Section 17 of POCSO Act. However, the police after investigation has submitted chargesheet under Section 363 and 366(A) of the Indian Penal Code and under Section 8 of POCSO Act.

Patna High Court CR. MISC. No.56341 of 2024(3) dt.25-09-2024 2/3 3.

According to the prosecution case, the petitioner along with three to four persons kidnapped the minor daughter of the informant.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the petitioner is in custody since 20.03.2024.

5.

The learned counsel for the informant as well as the learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that trial has begun and the victim, in her deposition before the learned trial Court, has firmly stated that petitioner has kidnapped her and thereafter, the petitioner has also committed rape upon her.

6.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Patepur P.S. Case No. 70 of 2024, pending in the Court of learned Exclusive Special Court POCSO-cum-Additional District Judge-VI, Vaishali at Hajipur.

7.

Prayer is refused.

Patna High Court CR. MISC. No.56341 of 2024(3) dt.25-09-2024 3/3 8.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T