Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63809 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- DINARA District- Rohtas ====================================================== Amar Kumar S/O- Munji Yadav @ Munji Singh, Resident Of VillageBakara, P.S.- Dinara, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 366(A), 376D, 120(B)/34 of the Indian Penal Code and Section 4/8 of POCSO Act. It is a case of abduction of informant's daughter along with other two girls by the petitioner along with other accused persons.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. He has been falsely implicated in this case. The Petitioner has got no criminal antecedent and he is languishing in judicial custody since 03.09.2022.

Patna High Court CR. MISC. No.63809 of 2022(7) dt.21-08-2023 2/2 Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of bail and submitted that the statement of the victim girls recorded under Section 164 of Cr.P.C. wherein they have disclosed the name of the petitioner. They have specifically stated that this petitioner along with others committed rape with them.

Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the victim girls, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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