Rinku Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55637 of 2022 Arising Out of PS. Case No.-176 Year-2020 Thana- AMDABAD District- Katihar ====================================================== RINKU ALAM Son of Maquesood @ Maquesooddin R/V- Raghunathpur, P.O- Bairiya, P.S- Amdabad, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-12-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case under sections 363, 366A, 379, 504 and 34 of the Indian Penal Code.

As per the prosecution case, the informant states that the ten named accused persons including the petitioner herein kidnapped his minor daughter for the purpose of marriage.

The earlier application for bail of the petitioner was rejected vide order dated 3.9.2021 (Annexure-1) passed in Cr. Misc. no.11877 of 2021.

It is submitted by learned counsel for the petitioner that the petitioner who is a young boy has been falsely implicated in the case by the informant. From the statement of

Patna High Court CR. MISC. No.55637 of 2022(3) dt.14-12-2022 2/2 the daughter of the informant it would transpire that they were friends and in a relationship since long before the alleged occurrence. The allegations as narrated in the FIR are false and concocted. The petitioner is in custody since 24.8.2020, has no criminal antecedent and undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

A report was called for from the learned trial Court from which it transpires that charge has been framed on 4.2.2021 and out of the eleven chargesheet witnesses six witnesses have been examined on behalf of the prosecution. Five witnesses remain to be examined.

Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the progress in the trial in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after examination of the daughter of the informant in the trial in the learned Court below.

(Partha Sarthy, J) Bibhash/- U