Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85699 of 2023 Arising Out of PS. Case No.-617 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sachin Kumar, male, aged about 19 years, S/o Suresh Prasad R/o Village Godhwa, P.S. Muffasil, District East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. X NA NA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prerna Rishi, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Motihari Muffasil P.S. Case No.-617 of 2023 registered for the offence under Sections 363 and 366A/34 of the Indian Penal Code and Sections 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

As per the prosecution case, it is a case of kidnapping of the minor daughter of the informant and theft of cash of about 3,00,000/- and jewelry worth Rs.60,000/- of the informant by the petitioner and other co-accused person. 4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.85699 of 2023(3) dt.28-02-2024 2/2 petitioner submits that petitioner has falsely been implicated in this case. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 31.08.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report as well as the impugned order dated 13.09.2023, the statement of the victim girl recorded under Section 164 of the Cr.P.C., it appears that the petitioner is named in the FIR and the victim is aged about 16 years and after perusing of the case diary and the statement of the victim girl, it also appears that specific allegation against the petitioner for sexual assault, in these circumstances, I am not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is hereby rejected.

7. However, the trial Court is directed to conclude the trial preferably within a period of six months from the date of receipt of a copy of this order and if the trial is not concluded, the petitioner may renew his prayer for bail. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T