Patna High CourtCR. MISC./22846/2021bail rejected

Mukesh Kumar v. The State Of Bihar

2022-04-11Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22846 of 2021 Arising Out of PS. Case No.-32 Year-2019 Thana- MAHILA PS District- Gaya ====================================================== MUKESH KUMAR, Son of Devnath Ram @ Devanath Ram, Resident of Village - Khiriawan, P.S.- Wazirganj, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-04-2022 Heard the parties.

Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with POCSO Case No. 132 of 2019, arising out of Mahila P.S. Case No. 32 of 2019 for the offence punishable under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act. Allegation against the petitioner is that he committed rape upon the informant who is aged about 15 years while she was taking bath in her bathroom. The victim in her statement under Section 164 Cr.P.C. has supported the allegation made in

Patna High Court CR. MISC. No.22846 of 2021(10) dt.11-04-2022 2/2 the F.I.R. The victim was medically examined which confirms the allegation made against the petitioner.

Taking into consideration the serious allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail.

Accordingly, the present bail application is rejected. The trial court is directed to conclude the trial expeditiously well within a period of nine months, taking into consideration the age of the petitioner who is 21 years old. If no substantial progress takes place in the trial within the aforesaid period, the petitioner, if so advised, may renew his prayer for bail.

(Purnendu Singh, J) mantreshwar/- U T