Patna High CourtCR. MISC./66803/2023dismissed

Pintu Kumar v. The State Of Bihar

2023-12-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66803 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Pintu Kumar Son Of Vijay Choudhary Resident Of Village-Bartara, P.S.- Tankuppa, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kr. Sinha For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-12-2023 Heard Shri Pradeep Kumar, the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 354, 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, petitioner and one Pramod Kumar was taking the girl forcibly on their tempo for satisfying their lust. When the girl protested and raised alarm, they threw her from the tempo causing head injury due to which she died.

4. Learned counsel for the petitioner submits that petitioner is a mere tempo driver and he has no connection with the crime. He was only taking the two passengers and on way, they had fight and deceased was thrown by Pramod Kumar

Patna High Court CR. MISC. No.66803 of 2023(3) dt.13-12-2023 2/2 on the road. Petitioner is in custody since 02.01.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. I have considered the submission of the parties.

7. It has come during investigation that petitioner and Pramod Kumar both are tempo drivers and they had found the girl alone and they were taking her to a lonely place for satisfying their lust and when she protested, they threw her on the road.

8. Considering the allegations levelled against the petitioner and the materials collected during investigation, I am not inclined to grant bail to the petitioner. This application is dismissed.

7. The Court below is directed to expedite the trial of the petitioner/s.

(Sandeep Kumar, J) Shishir/- U T