Patna High CourtCR. MISC./164/2025dismissed

Md. Azad @ Md. Ajad v. The State Of Bihar

2025-01-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.164 of 2025 Arising Out of PS. Case No.-111 Year-2023 Thana- KARANDAY District- Sheikhpura ====================================================== Md. Azad @ Md. Ajad Son of Khurshid Alam Resident of Mohalla - Suklo Roddi, Rani Bazar, Ward No 4, P.S.- Mithanpura, District - Muzaffarpur, at Present Residing at Village- Nazim Chowk, Bettiah, Ward No 18, P.S.- Bettiah, District - Bettiah (East Champaran) ... ... Petitioner/s

Versus

The State of Bihar 2.

Dhirendra Mahto Son of Late Parmeshwar Mahto Resident of Village - Dhari, P.S. - Karandey, District - Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The following order was passed on 12.03.2024 in Cr. Misc. No. 15113 of 2024:- "Heard Sri Sheo Nandan Prasad, learned counsel for the petitioner and Md. Ataur Rahman, learned APP for the State.

2. This application for grant of regular bail arises out of Karandey P.S. Case No. 111 of 2023 registered for the offence punishable under Section 365 of the Indian Penal Code and under Section 8 of the POCSO Act.

3. Allegation against the petitioner is of kidnapping the minor victim and using her as a sex worker. The petitioner is in custody since

Patna High Court CR. MISC. No.164 of 2025(2) dt.18-01-2025 2/2 29.11.2023.

4. Considering the nature of allegation levelled against the petitioner, I am not inclined to grant the petitioner privilege of regular bail. Accordingly, this bail application is accordingly rejected. The trial court is directed to expedite the trial and conclude the same at the earliest."

3. Learned counsel for the petitioner submits that the trial has started.

4. In view of the law laid down by the Hon'ble Supreme Court in the case of X Vs. State of Rajasthan & Anr. reported in 2024 SCC Online SC 3539, no ground for bail is made out as the trial has started. This application is dismissed. (Sandeep Kumar, J) Saif/- U T