Kishan Kumar @ Sagar Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63844 of 2022 Arising Out of PS. Case No.-238 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Kishan Kumar @ Sagar Kumar Srivastava Son Of Sri Binod Kumar Srivastava Resident Of Puneibagh, Ward No-32, P.S.- Bettiah Town, DistrictWest Champaran-845438 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of POCSO Act. It is a case of abduction of minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous grudge and inimical terms

Patna High Court CR. MISC. No.63844 of 2022(3) dt.22-03-2023 2/2 between the parties. Petitioner is not named in the F.I.R. and his name transpires during investigation of this case. Petitioner is in judicial custody since 17.04.2022. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that victim in her statement, recorded under Section 164 of Cr. P.C., has stated that the petitioner took her to Delhi, where he ravished her repeatedly. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial.

(Sunil Kumar Panwar, J) nirajkrs/- U T