Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69223 of 2022 Arising Out of PS. Case No.-292 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== Sonu Kumar S/o Late Dharmendra Giri @ Dharmendra Kumar Giri R/vKinjar Saray, P.S.- Kinjar Saray, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dayashanker Pandey, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 19.03.2020 in connection with Sessions Trial No. 488 of 2022 arising out of Bakhtiyarpyur P.S. Case No. 292 of 2019, F.I.R. dated 08.09.2019 registered for the offences punishable under Sections 366, 376 of the Indian Penal Code.

The prosecution case, in short, is that on 05.09.2019 two accused persons including the petitioner are alleged to have kidnapped the daughter of the informant with bad intention. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabircated and the

Patna High Court CR. MISC. No.69223 of 2022(5) dt.18-07-2023 2/3 petitioner has not committed any offence as alleged in the F.I.R. Learned APP for the State, on the other hand, on the basis of material available on record and case diary, has vehemently opposed the prayer for bail of the petitioner, and submits that the statement of the victim was recorded under Section 164 of the Cr. P.C. in which she has fairly stated that the victim had gone to Delhi with the petitioner and the petitioner has not committed any wrong with her and at the time of the occurrence the victim was minor.

Vide order dated 09.05.2023, a report was called for with regard to the stage of the trial. Report dated 26.06.2023 of the learned Trial court reveals that charge has been framed against the petitioner on 06.04.2023 and there are total five chargesheeted witnesses, out of which four witnesses including the victim have been examined and only one witness is yet to be examined.

In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 488 of 2022 arising out of Bakhtiyarpur P.S. Case No. 292 of 2019 pending in the Court of learned A.D.J. Ist, Patna.

Prayer is refused.

Patna High Court CR. MISC. No.69223 of 2022(5) dt.18-07-2023 3/3 However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T