Sohar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17117 of 2024 Arising Out of PS. Case No.-483 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== Sohar Yadav S/o Late Kumar Yadav, Resident of Village- Mosma, PSWarisaliganj, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2024 Heard Mr. Sheo Kumar Prasad, the learned counsel for the petitioner and Mr. Gauri Shankar Gupta, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 03.09.2022, in connection with Warisaliganj P.S. Case No. 483 of 2022, FIR dated 02.09.2022, registered for the offences punishable under Sections 376, 504 and 506 read with Section 34 of the Indian Penal Code and under Section 4 of POCSO Act and also under Section 3(2)(v) of the SC/ST Act. 3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 5211 of 2023, which was rejected vide order dated 07.07.2023.

4.

According to the prosecution case, the petitioner committed rape upon the minor daughter of the informant. 5.

Vide order dated 09.08.2024, a report was called

Patna High Court CR. MISC. No.17117 of 2024(3) dt.04-09-2024 2/2 for with regard to the stage of the trial and report dated 17.08.2024 of the learned trial Court reveals that out of six chargesheeted witnesses, four witnesses have already been examined and case is pending for the examination of remaining two prosecution witnesses.

6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

7.

Considering the facts and circumstances of the case, the gravity of charges levelled in the FIR against the petitioner as well as the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Warisaliganj P.S. Case No. 483 of 2022, pending in the Court of learned Additional District Judge-VI-cum-Special Judge, POCSO Act, Nawada.

8.

Prayer is refused.

9.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T