Abhishek Kumar @ Gopal Kumar @ Gopal Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75817 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- BIKRAM District- Patna ====================================================== Abhishek Kumar @ Gopal Kumar @ Gopal Prasad Yadav ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunit Kumar Srivastava, Adv For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned cousnel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bikram P.S.Case No. 164 of 2023 instituted for the offences punishable under Sections 363 and 365 of the Indian Penal Code.
3. The prosecution case in short is that the accused person tried to kidnapped the informant's Nati and Natini but the police recovered the children.
4 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The petitioner is in custody since 12.04.2023 having clean antecedent.
5. Learned APP opposes the prayer for bail
6. From perusal of the case diary , FIR and also
Patna High Court CR. MISC. No.75817 of 2023(3) dt.28-02-2024 2/2 perused the impugned order, it appears that specific allegation is against the petitioner under section 363 and 365 of the IPC. Both the victim were recovered from possession of the petitioner . No sufficient explanation was given by the petitioner for keeping the minor victims. In this circumstance, I am not inclined to grant bail to the petitioner accordingly, his prayer for regular bail of the petitioner is hereby rejected.
7. However, the learned trial court is directed to conclude the trial of the petitioner within one year from the date of receipt of the order. If not conclude, the petitioner shall be at liberty to renew his prayer for bail before the trial court. (Ramesh Chand Malviya, J) N.K/- U T