Patna High CourtCR. MISC./27499/2021bail rejected

Rujul Singh @ Raju Singh v. The State Of Bihar

2022-01-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27499 of 2021 Arising Out of PS. Case No.-50 Year-2019 Thana- RASULPUR District- Saran ====================================================== RUJUL SINGH @ RAJU SINGH Son of Krishna Singh Resident of Village - Dhanadih Laket Chapra, P.S.- Rasulpur, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for bail in a case registered under sections 376AB and 307 of the Indian Penal Code and sections 4, 6, 8, 10 and 12 of the POCSO Act. The allegation against the petitioner is of sexual assault on the minor daughter of the informant who also happens to be the niece of the petitioner.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 26.2.2020 passed in Cr. Misc. no.837 of 2020. Inspite of the petitioner having remained in custody since 30.3.2019 ie for 2 years 8 months, the trial has still not concluded and as per the oral instructions, the witnesses have

Patna High Court CR. MISC. No.27499 of 2021(6) dt.06-01-2022 2/2 not supported the prosecution case. It is further submitted that the petitioner undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

A report was called for from the learned trial court. As per the report contained in letter dated 8.10.2021, four out of the eight chargesheet witnesses have been examined including the victim as well as the informant.

Having heard learned counsel for the parties and taking into consideration the nature of allegation as also progress in the trial in the learned court below, 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 and to conclude the same within a period of six months from the date of communication of this order.

(Partha Sarthy, J) Saurabh/- U T