Chikku Yadav @ Chinku Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89063 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- BUDHUCHAK District- Bhagalpur ====================================================== Chikku Yadav @ Chinku Kumar Yadav S/o Late Jaikant Yadav @ Ashok Kumar Yadav, Resident of village- Naya Nagar, Rani Diyara, P.S. - Buddhu Chak, Distt. - Bhagalpur.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Manju Devi W/o Arjun Mandal, R/o village - Naya Nagar, Rani Diyara, P.S. - Buddhu Chak, Distt.- Bhagalpur.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. (Dr.) Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2025 Heard Mr. (Dr.) Manoj Kumar, the learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 06.05.2024, in connection with POCSO Case No. 264 of 2023, arising out of Buddhu Chak P.S. Case No. 109 of 2023, FIR dated 31.10.2023, registered for the offences punishable under Sections 363 and 365 read with Section 34 of the Indian Penal Code and under Section 4 of the POCSO Act.

3.

Earlier the petitioner has moved before this Hon'ble Court for grant of regular bail in Cr. Misc. No. 59267 of 2024, which was rejected vide order dated 27.09.2024.

Patna High Court CR. MISC. No.89063 of 2024(3) dt.14-02-2025 2/3 4.

According to the prosecution case, the minor daughter of informant was abducted on gun point by the coaccused persons and was confined at an unknown place. It is further alleged that the co-accused persons used to administer intoxicants and misbehave with the victim.

5.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

6.

Vide order dated 10.01.2025, a report was called for with regard to the stage of the trial and report dated 06.02.2025 of the learned trial Court reveals that all the six prosecution witnesses have been examined and statement of the accused persons have been recorded under Section 313 of the Cr.P.C. and now the case is pending for defence evidence. 7.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and statement of victim was recorded under Section 164 of the Cr.P.C. / Section 183 of BNSS, 2023 in which she has clearly stated that petitioner has

Patna High Court CR. MISC. No.89063 of 2024(3) dt.14-02-2025 3/3 abducted her.

8.

Considering the aforesaid facts and circumstances, the nature of allegation levelled in the FIR as well as the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 264 of 2023, arising out of Buddhu Chak P.S. Case No. 109 of 2023, pending in the Court of learned Exclusive Special Court of POCSO-cum-District and Additional Sessions Judge-VII, Bhagalpur.

9.

Prayer is refused.

10.

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