Dismissed¶¶20

Vimlesh Kumar @ Bimlesh Kumar v. The State of Bihar

Bail – Regular bail

Patna HC19 Sept 2024CR. MISC./30454/2024

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What is this about?

Patna High Court CR. MISC. No.30454 of 2024, decided 19-09-2024 by Justice Nawneet Kumar Pandey. Vimlesh Kumar @ Bimlesh Kumar v. State of Bihar & Anr. Regular bail rejected; Sections 363, 366(A) IPC; Mali P.S. Case No. 6 of 2024, District Aurangabad; minor victim aged 14-16 years per medical report; Section 164 Cr.P.C. statement; penetrative sexual assault allegation; custody since 29.02.2024; trial to be concluded within nine months with liberty to renew bail.

What did the court decide?

Bail refused; liberty reserved to renew the bail prayer if the trial is not concluded within nine months. ¶¶20

Vimlesh Kumar @ Bimlesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30454 of 2024

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Arising Out of PS. Case No.-6 Year-2024 Thana- MALI District- Aurangabad

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======================================================

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Vimlesh Kumar @ Bimlesh Kumar Son of Sheo Prasad Ram R/o villageMirjapur, P.S.- Mali, Dist.- Aurangabad

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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Ram Nandan Ram S/o Late Bigu Ram R/o vill - Mirzapur, P.S. - Mali, Distt. - Aurangabad

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Opposite Party/s : Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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5 19-09-2024 Heard learned counsel for the petitioner as well as

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learned APP for the State.

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In this case, the petitioner is seeking regular bail in connection with Mali P.S. Case No. 6 of 2024, registered for the offences punishable under Sections 363, 366(A) of the IPC.

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As per allegation, the daughter of the informant went to market but she did not return. The informant started searching for his daughter and came to know that the petitioner, with the help of other co-accused persons, kidnapped his daughter, with an intention to marry her.

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The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

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Patna High Court CR. MISC. No.30454 of 2024(5) dt.19-09-2024 2/2

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case. The victim has rendered her statement under Section 164 of the Cr.P.C. under pressure of her parents. As per medical report, the age of the victim is 14-16 years. The petitioner is a person of clean antecedent and is under custody since 29.02.2024.

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On the other hand, the learned APP for the State Sri J.N. Thakur and the learned counsel for the informant have opposed the prayer for bail and submitted that the victim is admittedly minor. The petitioner subjected her to penetrative sexual assaults, after kidnapping her and the trial is going on.

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Considering the above-mentioned facts and circumstances, the petition is rejected with the observation that the learned court below is directed to conclude the trial within a period of nine months, failing which the petitioner may renew his prayer for bail.

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(Nawneet Kumar Pandey, J)

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kundan/-

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U T

Vimlesh Kumar @ Bimlesh Kumar v. The State of Bihar

Case brief

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Vimlesh Kumar @ Bimlesh Kumar v. The State of Bihar

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