Sashi Kumar Gupta @ Shashi Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73425 of 2022 Arising Out of PS. Case No.-257 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Sashi Kumar Gupta @ Shashi Kumar Gupta Son of Munna Prasad Resident of Mohalla- East Mohallah Mirganj, Ward no. 10, P.S- Mirganj, DistGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Sufyan, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 19.09.2022 in connection with Mirganj P.S. Case No. 257 of 2021, F.I.R. dated 21.07.2022 for the offences punishable under Sections 363 and 366A of the Indian Penal Code. According to prosecution case, petitioner with the help of other accused persons had kidnapped the daughter of the informant and harassed her physically and mentally. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.73425 of 2022(3) dt.28-04-2023 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the victim girl was recovered and her statement was recorded under Section 164 of the Cr.P.C. in which she has categorically stated that the petitioner and the co-accused person, namely, Ravi Kumar who is the elder brother of the petitioner has forcibly abducted her. They further submits that at the time of occurrence, the victim was minor and apart from the 164 statement of the victim, other material has also come during investigation which suggests the involvement of the petitioner in the present occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Mirganj P.S. Case No. 257 of 2022 pending in the court of learned Chief Judicial Magistrate, Gopalganj. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T