Ritik Raj @ Harsh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4693 of 2023 Arising Out of PS. Case No.-19 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Ritik Raj @ Harsh Son of Late Raj Kumar Singh Resident of VillageMadhurepur, P.S.- Biddupur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kanchan Kumari, Advocate For the Opposite Party/s :
Ms. Asha Devi, APP For the Informant : Mr. Amit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as 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 9.08.2022 in connection with Vidyapatinagar P.S. Case No. 19 of 2022, F.I.R. dated 14.02.2022 for the offences punishable under Sections 363, 366/34 of the Indian Penal Code. According to prosecution case, this petitioner along with other accused persons have kidnapped the wife and daughter of the informant and also took away some ornaments
Patna High Court CR. MISC. No.4693 of 2023(5) dt.04-07-2023 2/3 from his house.
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 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. In fact, the victim was not kidnapped rather she willingly came with the petitioner.
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 statement of the victim was recorded under Section 164 of the Cr.P.C. as well as statement of witness no. 1 during the trial in which she has fully supported the case of the prosecution and she has categorically stated that the petitioner has kidnapped her. They further submits that the trial is going on and out of 10 charge sheet witnesses, 2 charge sheet witnesses have already been examined.
Considering the fact that the victim has fully supported her case in her statement recorded under Section 164 of the Cr.P.C. deposed before the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with
Patna High Court CR. MISC. No.4693 of 2023(5) dt.04-07-2023 3/3 Vidyapatinagar P.S. Case No. 19 of 2022 pending in the court of learned Additional Chief Judicial Magistrate III at Samstipur. Prayer is refused.
However, the learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Vanisha/- U T