Patna High CourtCR. MISC./8092/2024bail rejected

Rajesh Kumar v. The State Of Bihar

2024-04-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8092 of 2024 Arising Out of PS. Case No.-15 Year-2022 Thana- TANDWA District- Aurangabad ====================================================== Rajesh Kumar Son Of Sanjay Ram Resident of Village- Ripra, P.S.- Mali, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP For the informant :

Mr. Akhilesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tandawa P.S. Case No. 15/2022, lodged on 12.02.2022 under Sections 376, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner alleged to have established physical relationship with the informant on the pretext of marriage, but subsequently he denied to perform marriage with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The present case has been lodged with ulterior motive. The antecedent of the petitioner is clean and he is in custody since 08.11.2022. The

Patna High Court CR. MISC. No.8092 of 2024(4) dt.19-04-2024 2/2 deposition of the victim is attached at Annexure-2 series wherein no material has come.

5. Learned counsel for the State opposes the prayer for bail.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that in the deposition of the victim, material has come and allegation has been made against the present petitioner.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Tandawa P.S. Case No. 15/2022, pending before the learned ADJ VI- cum-Exclusive Special Judge, POCSO Act, Aurangabad is hereby rejected.

9. However, the trial Court is directed to expedite the trial and conclude the same within six months. (Dr. Anshuman, J) Ashwini/- U T