Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56668 of 2022 Arising Out of PS. Case No.-7 Year-2020 Thana- KORHA District- Katihar ====================================================== UTTAM KUMAR Son Churamuni Mandal R/O- Lailakh, P.S.- Sabaur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Korha P.S. Case No. 07 of 2020 dated 03.01.2020 registered for the offence(s) punishable under Section(s) 363, 366(A)/34 of the Indian Penal Code.

3. As per prosecution, informant alleged that when he along with his wife had gone to his field, FIR named accused persons including this petitioner abducted his minor daughter from his house.

4. The main submissions advanced by the learned counsel for the petitioner are that all the material witnesses have been examined in the petitioner's trial including the victim and petitioner has been languishing in jail since 05.01.2020.

Patna High Court CR. MISC. No.56668 of 2022(3) dt.19-04-2023 2/2

5. Learned APP appearing for the State has opposed the bail prayer and submitted that the petitioner's trial is running at advance stage.

6. Having regard to the facts and circumstances of this case and mainly the status report of the petitioner's trial sent by the trial court which goes to show that the petitioner's trial is running at advance stage and petitioner's statement under Section 313 of Cr.P.C. is to be recorded, so at this advance stage, it would not be proper to enlarge the petitioner on bail. Accordingly, his bail prayer stands rejected.

7. The trial Court is directed to conclude the trial of this petitioner in the next four months. If the trial of the petitioner is not concluded within the said period despite petitioner's co-operation then the petitioner may renew his bail prayer.

(Shailendra Singh, J) Sanjay/- U T