Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11214 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- BARARI District- Katihar ====================================================== Rohit Kumar S/O Sadanand Choudhary R/V- Barari, P.S.- Barari, DistrictKatihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 354(A), 302 of the Indian Penal Code and Section 8 of the POCSO Act but the charge-sheet has been submitted 354(A), 306 of the Indian Penal Code and Section 8 of POCSO Act. Allegation against the petitioner is that he entered the courtyard of the informant and tried to commit some illegal act with the minor daughter of the informant. On protest, the petitioner pressed her neck

Patna High Court CR. MISC. No.11214 of 2023(3) dt.08-05-2023 2/3 with plastic rope due to which she died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is agnate of the informant and there is land dispute between them. From perusal of para 3 of case diary, it is evident that daughter of the informant has committed suicide. Moreover, the petitioner is in judicial custody since 03.10.2022.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that the witnesses have supported the occurrence in their statements. The postmortem report of the deceased shows that the cause of death has been opined as Asphyxia due to hanging. Their is specific allegation against the petitioner to commit murder of the minor daughter of the informant.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and,

Patna High Court CR. MISC. No.11214 of 2023(3) dt.08-05-2023 3/3 as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T