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Patna High CourtCR. MISC./21454/2021rejected

Md Wakil v. The State Of Bihar

2022-02-14Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21454 of 2021 Arising Out of PS. Case No.-379 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== MD WAKIL S/o Moh. Halis R/o Village- Hasanpur, P.S.- Mahnar, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Mahnar P.S. Case No. 379 of 2020 registered for the offences punishable under Sections 354A, 354B of the IPC and Section 7, 8 of the POCSO Act.

As per prosecution case, the petitioner, who had come to the informant' house for making quilt, having found the victim alone took her to the corner of roof and started touching her private part and also forced her to touch his private part.

Patna High Court CR. MISC. No.21454 of 2021(6) dt.14-02-2022 2/2 Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that previous dues of petitioner was not paid by the informant, so the informant falsely implicated in the present case.

The learned Additional Public Prosecutor opposed the prayer of bail.

Vide order dated 10.01.2022 a report was called for with regard to present status of the trial.

The report of trial court reveals that trial is going on. Considering the aforesaid facts and nature of the allegation, I am not inclined to grant bail to the petitioner and, accordingly, the same stands rejected.

However, the learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) shahzad/- U T