Amarjit Rai @ Amarjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4692 of 2018 Arising Out of PS.Case No. -122 Year- 2017 Thana -KOPA District- SARAN ====================================================== Amarjit Rai @ Amarjit Yadav S/o Mukhdev Yadav @ Mukhdeo Rai, R/o Anwal Tola, P.S.- Kopa, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Kopa P.S. Case No.122 of 2017, registered for offences alleged under Section 364 of the Indian Penal Code. Learned counsel for the petitioner submits that it is a case of false implication of the petitioner. He further submits that though charge-sheet has been filed in the case, but the dead body has not been recovered till date.

On the other hand, learned APP representing the State submits that this petitioner is named in the FIR and it is the specific case of the informant that this petitioner had taken away the victim girl who is aged about 17 years on a motorcycle bearing

Patna High Court Cr.Misc. No.4692 of 2018 (2) dt.01-02-2018 Reg. No.BR-04K-9613. It is submitted that from the submission of the petitioner in the court below itself it would appear that the dead body has not been recovered, the case of the petitioner was that after recovery of the dead body this petitioner was falsely implicated.

It appears from the impugned order that the learned 11th Additional Sessions Judge, Saran at Chapra while rejecting the prayer for bail has considered the materials which were found in the case diary that two chowkidars of the village have specifically stated that they saw a person with a girl came on a motorcycle, the said person pushed the girl in the river and on seeing this when they started raising alarm, this petitioner was apprehended.

In the aforesaid view of the matter, I am not inclined to grant regular bail to the petitioner for the present. Let the trial be expedited at the earliest.

The application stands dismissed.

(Rajeev Ranjan Prasad, J) Arvind/- U T