Patna High CourtCR. MISC./19084/2019dismissed

Chandan Sah v. The State Of Bihar

2019-08-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19084 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- MAHILA PS District- Buxar ====================================================== Chandan Sah Son of Late Madan Sah Resident of Village- Koransarai, P.S.- Koran Sarai, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manendra Kumar Sinha For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 504, 506, 376/34 of the Indian Penal Code and Section-6 of the POCSO Act.

Allegation against the petitioner is that he forcibly took the minor daughter of the informant to a lonely place and committed rape upon her..

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 22-09-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The petitioner denies the allegation made in the FIR.

Patna High Court CR. MISC. No.19084 of 2019(5) dt.08-08-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The victim supported the allegation in her statement recorded u/S 164 of the Cr.P.C..The medical evidence also supports the allegation made in the FIR. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly prayer for bail of the petitioner in connection with Buxar Mahila P.S. Case No. 75 of 2018 is rejected.

Learned trial court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T