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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84243 of 2023 Arising Out of PS. Case No.-257 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Shashi Kumar Gupta @ Shashi Kumar Son of Munna Prasad, R/O Purab Mohalla, Ward No. 10, P.S.-Mirganj, Dist.- Gopalganj - 841438. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Anchal Kumari D/O Santosh Kumar Soni @ Santosh Prasad, R/O Mell Road, Purab Mohalla, P.S.- Mirganj, Dist.- Gopalganj, PIN - 841438. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Upadhyay, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-02-2024 Heard Mr. Dhananjay Kumar Upadhyay, the learned counsel for the petitioner and Mr. Vinod Shanker Modi, the learned Additional Public Prosecutor for the State. 2.

The petitioner seeks bail in connection with Sessions Trial No. 643 of 2022, arising out of Mirganj PS Case No. 257 of 2022, FIR dated 21.07.2022, registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

3.

Earlier the petitioner has moved to this Hon'ble Court in Cr. Misc. No. 73425 of 2022, which was dismissed vide order dated 28.04.2023.

4.

Vide order dated 05.01.2024, a report with regard

Patna High Court CR. MISC. No.84243 of 2023(3) dt.16-02-2024 2/2 to the present status of the trial was called for. Report of the learned Trial Court dated 10.01.2024 reveals that out of five chargesheeted witnesses, four witnesses have already been examined and the case is pending for the examination of the rest of the prosecution witnesses.

5.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

6.

Considering the facts and circumstances of the case as well as the report of the learned Trial Court and the nature of allegation in the FIR, I am not inclined to enlarge the petitioner on bail in connection with Mirganj PS Case No. 257 of 2022 pending in the Court of learned 6th Additional Sessions Judge, Gopalganj, Cum Special Judge, POCSO, Gopalganj. 7.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T