Patna High CourtCR. MISC./812/2020rejected

Raj Kumar Ram @ Raj Kumar v. The State Of Bihar

2020-01-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.812 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== RAJ KUMAR RAM @ RAJ KUMAR S/o Ramdeo Ram R/o Mohalla- Durga Asthan, Opposite- Shantipath, P.S.- Gardanibag, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar, Adv For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Spl 6 of POCSO Act.

Allegation against the petitioner is of commission of rape against the informant. The victim minor girl has supported the allegation in her statement under Section 164 Cr.P.C. Submission is that both sides are relations and subsequently the matter has been compromised. A written compromise is at Annexure-2. None of the offences alleged are compoundable. Hence, the effect of the act of the petitioner cannot be treated as minimized for the purpose of consideration of this prayer for regular bail. Prayer is refused in connection

Patna High Court CR. MISC. No.812 of 2020(2) dt.16-01-2020 2/2 with Mahila P.S.Case No.126 of 2019 and Spl. 232 of 2019 pending in the court of learned Addl. Sessions Judge-I-cumSpecial Judge, POCSO, Patna. The learned Trial Court is directed to expedite and conclude the trial at the earliest.

The S.S.P., Patna shall ensure that the victim is examined as prosecution witness soon after the framing of the charge and other prosecution witnesses be also examined at the earliest.

Let a copy of this order be sent to the S.S.P. Patna also.

(Birendra Kumar, J) Nitesh/- U T