Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63986 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== SAGAR KUMAR SON OF LATE DINESH SAH RESIDENT OF VILLAGE- TIKULIA DILIP CHOWK, WARD NO. 11, PS- CHANPATIYA, DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Chanpatiya P.S.Case No. 136 of 2022 under Section 366(A)/34 of the Indian Penal Code and Section 8, 12 of the Protection of Children from Sexual Offences Act, but later on, Sections 363, 366A, 376AB of the Indian Penal Code and Sections 4, 6 of the Protection of Children from Sexual Offences Act were added, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by this Court, by an order dated 30.1.2023, passed in Criminal Miscellaneous No. 55897 of 2022.

Patna High Court CR. MISC. No.63986 of 2023(2) dt.08-12-2023 2/2 3.

The victim girl is stated to have been kidnapped by unknown persons when she was sitting at her shop. 4.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 13.7.2022, hence, his case be considered sympathetically and he be granted the privilege of bail.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has referred to the order dated 30.1.2023, passed by this Court earlier, to demonstrate that there are ample evidence on record to suggest the complicity of the petitioner in the alleged crime.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence, I do not find any merit in the present petition, thus, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T