Patna High CourtCR. MISC./65660/2021bail rejected

Sujit Kumar v. The State Of Bihar

2022-09-01Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65660 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- BANGARA District- Samastipur ====================================================== SUJIT KUMAR S/O KISHUN RAM R/o village- Ward No. 10, Gaddopur, Manpura, P.S.- Bangara, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Ms.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bangara P.S. Case 05/2021, registered for the offence punishable under Sections 363, 366A/34, 323, 376, 504, 506 of the Indian Penal Code and Section 04 of the POCSO Act.

As per prosecution case, there is accusation against the petitioner to kidnap the minor daughter of the informant. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The alleged victim was in love relationship with the petitioner and had eloped herself on her own volition for marrying with the petitioner. Learned counsel for the petitioner further submits that the victim was recovered and presently she

Patna High Court CR. MISC. No.65660 of 2021(4) dt.01-09-2022 2/2 is living with her parental house. The petitioner is languishing in custody since 19.01.2021 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner and the statement of victim recorded under Section 164 Cr.P.C. in which victim stated that the petitioner made illicit relation with her as well as material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

However, the trial court is directed to expedite the trial as early as possible.

(Alok Kumar Pandey, J) amitkumar/- U T