Himanshu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59422 of 2024 Arising Out of PS. Case No.-184 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Himanshu Kumar Pandey S/o- Sri Shashikant Pandey Village- Lauriya PSGovindganj District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandan Kumar son of Sri Chandra Shekhar Shukla Village- Khajuria PsMalahi Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2024 Heard Mr. Ramakant Sharma, learned Senior Counsel for the petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.

2. The petitioner seeks bail in connection with Govindganj (Malahi) P.S. Case No. 184 of 2024 registered for the offence punishable under Sections 363 of the Indian Penal Code and later on, Sections 366A and 8/12 of POCSO Act were also added.

3. As per the prosecution case, the petitioner is accused of kidnapping the minor girl.

4. Learned Senior Counsel for the petitioner has submitted that the petitioner and the father of the victim are business partners and because of some business dispute, the false case has been filed against the petitioner. It has also

Patna High Court CR. MISC. No.59422 of 2024(4) dt.20-11-2024 2/2 submitted that the medical evidence does not support the prosecution case. It has also been argued that after filing chargesheet, offence under Section 376 has been added in the chargesheet.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. The police has recovered the minor girl and in her statement before the police as well as in court, she has said that she was taken away by the petitioner who is business partner of her father and kept in a house in Jehanabad, Ranchi and other places and he put vermilion upon the victim saying that she was his wife. The petitioner is in jail since 07.05.2024.

7. Considering the fact that the petitioner has kidnapped a minor girl and taken her to different places, I am not inclined to grant bail to the petitioner and therefore, the present bail application is hereby rejected.

8. The trial is directed to be expedited.

(Sandeep Kumar, J) kiran/- U T