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Patna High CourtCR. MISC./64533/2022rejected

Ranjeet Patel v. The State Of Bihar

2023-07-19Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64533 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== RANJEET PATEL S/O Naga Patel R/O Ward No- 11, Mahanwa, P.SMajhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Majhaulia P.S. Case No. 94 of 2022 registered for the offence under Sections 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

The minor daughter of informant is alleged to have been kidnapped by the petitioner and others by alluring her with bad intention.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He

Patna High Court CR. MISC. No.64533 of 2022(7) dt.19-07-2023 2/3 further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits that the petitioner has solemnized marriage with the victim in Shiv Mandir on 11.02.2022 and they are living peaceful as husband and wife. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 29.06.2022. A report with regard to present stage of the trial has been called for by this Court vide order dated 23.06.2023 which has been received and forms part of this application at Flag-D dated 03.07.2023. On perusal thereof, it would reveal that out of six charge sheet witnesses, four have been examined including the victim, mother and father of the victim and other witness and the case is pending for examination of rest of the witnesses.

Learned counsel appearing for the petitioner referring to the aforesaid report submits that the trial of this case is not likely to be concluded in near future. In view of the report of the trial Court and considering the facts and circumstances of the case and also the age of the victim, who is minor, this Court is not inclined

Patna High Court CR. MISC. No.64533 of 2022(7) dt.19-07-2023 3/3 to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. However, learned trial court is directed to expedite the trial and try to conclude it at the earliest. (Rajesh Kumar Verma, J) brajesh/- U T