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Patna High CourtCR. MISC./72991/2023dismissed

Pramod Yadav @ Pramod Kumar v. The State Of Bihar

2023-11-22Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72991 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== PRAMOD YADAV @ PRAMOD KUMAR Son of Late Moti Yadav R/o vill - Utali, P.S. - Tankuppa, Dist. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-11-2023 Heard the parties.

2. The petitioner is in Judicial custody in connection with Tankuppa P.S. Case No. 112 of 2023 instituted under Sections 354, 302/34 of I.P.C. lodged on 11.06.2023 by the informant, Ashok Sharma.

3. As per the F.I.R., the police received the information that from an auto, a girl has been thrown out and is in injured condition, reached the place having found her in serious condition, was taken to the hospital where the girl succumbed to the injuries. The auto driver gave the name of the accused persons who had thrown her which included the petitioner. Accordingly, the F.I.R.

4. Learned counsel for the petitioner submits that his name has come on the confessional statement of auto driver, has no role to play in the matter and further remained in custody since 16.06.2023.

5. Learned APP opposes the prayer for bail stating

Patna High Court CR. MISC. No.72991 of 2023(2) dt.22-11-2023 2/2 therein that from the F.I.R., it is clear that the girl and the auto was moving and girl was raising alarm. Sensing trouble, accused persons threw her out of auto which resulted into her unfortunate death. Thus, an innocent girl lost her life because she resisted the lust of the accused persons.

6. It seems even a decade after the 'NIRBHAYA' case which followed the deterrent law against such crimes against the women, the accused persons have failed to change and with the same mindset are continuing with the offence without fear of the law of the land as is apparent in the present F.I.R. Time has now come for putting such cases on speedy Trial so that the matter is taken to its logical conclusion at an earliest.

7. So far the bail part is concerned, the same is hereby rejected.

8. The trial Court is hereby directed to ensure that the trial is concluded within a period of one year from today failing which a Report shall be submitted on the reason for its nonconclusion. (Rajiv Roy, J) sanjeev/- U T