Anand Kumar Pandey @ Sumit Kumar @ Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19172 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- MAHILA P.S. District- Samastipur ====================================================== ANAND KUMAR PANDEY @ SUMIT KUMAR @ ANAND KUMAR Son of Dinesh Pandey Resident of Village - Shahuri, Police station - Chak Mehasi, District - Samastipur (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukund Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 376AB and other sections of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of rape/sexual exploitation by the petitioner on the threat of making the video/photograph of the informant viral as also of having cheated a sum of Rs.4-5 lacs besides jewellery. It is further stated that the petitioner has also been threatening in various manners on mobile phone.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. There was love affair between the parties and no

Patna High Court CR. MISC. No.19172 of 2021(4) dt.15-11-2021 2/2 offence is made out in view of the informant being major. It is further submitted that there is an unexplained delay in lodging of the F.I.R. and the petitioner is in custody since 4.6.2020. The application for bail is opposed by learned A.P.P. for the State.

A report was called for with respect to the stage of the trial from the learned trial court. As per the report received contained in letter dated 24.9.2021 of the Additional District and Sessions Judge VI-cum-Special Judge, POCSO Act, Samastipur, the examination of prosecution witnesses has been closed and the case is pending for examination of defence witnesses. Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the stage of the trial as per the report contained in letter dated 24.9.2021 received from learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T