Sonu Kumar Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.13812 of 2018 (3) dt.11-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13812 of 2018 Arising Out of PS.Case No. -168 Year- 2016 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Sonu Kumar Paswan, Son of Sri Shivji Paswan, Resident of villageKhutauna, P.S. Khutauna, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Jha Raman, Adv. For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-04-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Jainagar P.S. Case No. 168 of 2016 disclosing offences under Sections 363, 366(A), 120(B), of the Indian Penal Code and 4 of POCSO Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. It has further been submitted that charges in this case have been framed on 09.01.2018 and out of eleven witnesses, only two witnesses have been examined till date, which is evident form report received from 1st Additional Sessions Judge-Cum- Special (POCSO Act), Madhubani and the

Patna High Court Cr.Misc. No.13812 of 2018 (3) dt.11-04-2018 trial is not likely to be concluded in near future. The petitioner is rotting is judicial custody for almost one and half year. Hence, the petitioner may be enlarged on regular bail. Learned A.P.P. opposes the prayer for bail of this petitioner and submitted that there is specific allegation of kidnapping and committing rape against the petitioner. The victim, who is said to be minor, has also corroborated the prosecution version.

Considering the facts and circumstances of the case, this Court, at this stage, is not inclined to enlarge the petitioner on regular bail. Accordingly, the prayer for bail of this petitioner is rejected.

However, learned trial court is directed to conclude the trial as early as possible preferably within a period of six months from the date of this order.

(Arvind Srivastava, J) Brajesh/- U T