Patna High CourtCR. MISC./12013/2024rejected

Rupesh Giri v. The State Of Bihar

2024-03-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12013 of 2024 Arising Out of PS. Case No.-341 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Rupesh Giri S/O- Barister Giri Resident Of Village-Gahiri, Mathiya Tola, P.S.- Nautan, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Moleshwar, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-03-2024 Heard Mr. Chandra Moleshwar, learned counsel for the petitioner and Mr. Yogendra Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nautan P.S. Case No. 341 of 2021, FIR dated 08.09.2021 for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 13.01.2023 passed in Cr. Misc. No. 30329 of 2022. Thereafter, the petitioner has again moved for renewing his prayer for bail in Cr. Misc. No. 50662 of 2023 which was dismissed as withdrawn vide order dated 01.09.2023.

4. Vide order dated 16.02.2024, a report with regard to the present status of the trial was called for. Report of

Patna High Court CR. MISC. No.12013 of 2024(3) dt.13-03-2024 2/2 the learned Trial Court dated 01.03.2024 reveals that prosecution evidence closed on 16.10.2023 and statement of the accused under Section 313 Cr.P.C. has already been recorded and now the case is fixed for defence evidence.

5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Nautan P.S. Case No. 341 of 2021 pending in the Court of learned Special Judge POCSO cum A.D.J. VI, Bettiah, West Champaran.

7. Prayer is refused.

8. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T