Petitioner seeking regular bail in kidnapping and aggravated abduction case. High Court rejected bail application due to serious nature of allegations supported by victim statement and framed charges, directing expedited trial.
Bail application rejected; trial directed to be expedited.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5545 of 2022
Arising Out of PS. Case No.-205 Year-2020 Thana- NAWADA MUFFASIL District- Nawada
======================================================
OMKAR KUMAR S/o Shivbalak Chauhan R/o village- Lohra, P.S.- Mufassil, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP For the Informant : Mr. Arjun Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 27-04-2022
Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
The petitioner has renewed his prayer for grant of
regular bail in a case registered under sections 363 and 366A of the Indian Penal Code.
As per the prosecution case, allegation against the petitioner is of having kidnapped the minor daughter of the informant.
It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide orders dated 19.7.2021 (Annexure-1). Inspite of the petitioner being in custody since 19.8.2020 it is only that charge has been framed recently and no witness has turned up on behalf of the
Patna High Court CR. MISC. No.5545 of 2022(4) dt.27-04-2022 2/3
prosecution. Further on the point of framing of charge, it is submitted that although charges have been framed under section 376D of the Indian Penal Code, under the POCSO Act besides other sections, it is submitted that surprisingly charge has been framed only against the petitioner and no other person. Further from perusal of paragraph no. 27 of the case diary it would transpire that there is no basis for the Investigating Officer to have come to the conclusion with respect to age of the alleged victim.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the allegation against the petitioner is direct which has been supported by the victim in her statement under section 164 Cr.P.C.. The informant is ready to produce the witnesses in course of trial as and when directed by the learned trial court.
Having heard learned counsel for the parties and taking into consideration the nature of allegation, the same having been supported by the victim in her statement under section 164 Cr.P.C. and charge having been framed in the learned court below, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Patna High Court CR. MISC. No.5545 of 2022(4) dt.27-04-2022 3/3
Learned trial court is directed to expedite the trial.
It is directed that the informant shall produce the
witnesses on each date fixed in the trial. On conclusion of the private witnesses, the Superintendent of Police, Nawada shall ensure the appearance of the official witnesses in the trial without delay.
(Partha Sarthy, J)
Spd/-
U T
2 issues framed by the court
Whether the petitioner be enlarged on bail in a case involving kidnapping of a minor.
Whether charge framing and victim statement under section 164 Cr.P.C. warrant bail grant.
2 provisions across 1 enactments
Omkar Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
