Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14175 of 2025 Arising Out of PS. Case No.-796 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Kundan Kumar Son of Anirudh Sah Resident Of Village- Galipur, PsAmarpur, Dist- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gyani Kumari Daughter of Rajesh Kumar Singh Resident Of Village- Nagar Colony, Mirzanhat, Ps- Babarganj, Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with POCSO Case No. 206 of 2023, arising out of Kotwali (Jogsar) PS Case No. 796 of 2023 instituted for the offence under Sections 376(D), 120(B) & 34 of the Indian Penal Code and Sections 4 & 6 of the POCSO Act. Earlier vide order dated 0602-2024, passed in Cr. Misc. No. 72165 of 2023, regular bail of the petitioner was rejected by a Co-ordinate Bench of this Court. 3.

Learned counsel for the petitioner submits that charge in this case is framed on 13-08-2024, and hitherto, only one witness is examined till date. Learned counsel for the

Patna High Court CR. MISC. No.14175 of 2025(3) dt.08-04-2025 2/2 petitioner goes on to submit that there is no likelihood of the trial being concluded in the near future. Petitioner is languishing in custody since 28-08-2023.

4.

Learned APP for the State vehemently opposes the prayer for grant of bail. It is fervently contended that given the nature and gravity of the offence, petitioner may not be enlarged on bail.

5.

After considering the submissions made on behalf of the petitioner, this Court does not find any fresh ground to reconsider the matter which is already decided by a Co-ordinate Bench on merit. Accordingly, prayer for grant of bail is once again rejected.

6.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T