Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2529 of 2024 Arising Out of PS. Case No.-96 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Bittu Kumar Son of Shyam Mandal @ Shyam Sundar Mandal R/V- Jaseedih, P.S -Laraiyatand, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP For the Informant :

Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant and perused the case diary.

2.

The petitioner seeks bail in connection with Laraiyatand P.S. Case No. 96 of 2021 instituted for the offence under Sections 366A & 34 of the Indian Penal Code, Section 8 of the POCSO Act and Section 9/10 of Prohibition of Child Marriage Act.

3.

Prosecution case in short is that petitioner has abducted the daughter of the informant for the purpose of marriage.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-08-2022. Petitioner is a

Patna High Court CR. MISC. No.2529 of 2024(4) dt.08-05-2024 2/3 man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that mother and father of the victim have already been examined. It is next submitted that victim herself decided to left the house with the petitioner. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim is minor, which fact finds mention is paragraph No. 46 of the case diary and charge is also framed in this case. It is further submitted that seven witnesses have been examined in this case and only victim is yet to be examined and trial is in advance state. 7.

Considering the aforesaid facts and circumstances of the case and there being direct allegation against the petitioner, this Court is not inclined to grant bail to the petitioner.

8.

Accordingly, the prayer for grant of bail to the petitioner is rejected.

9.

The trial Court is directed to expedite the trial as

Patna High Court CR. MISC. No.2529 of 2024(4) dt.08-05-2024 3/3 expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T