Patna High CourtCR. MISC./17928/2019rejected

Kamal Kumar v. The State Of Bihar

2019-06-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17928 of 2019 Arising Out of PS. Case No.-158 Year-2016 Thana- DANAPUR District- Patna ====================================================== KAMAL KUMAR Son of Birsa Munda Resident of Village - Danapur Sub - Divisional Sadar Hospital Quarter, P.S.- Danapur, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special (POCSO) Case No. 48 of 2016 arising out of Danapur P.S. Case No. 158 of 2016 for the offence punishable under Sections 377 and 506 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner is a student and he is languishing in jail for the last three years and the trial is not likely to be concluded in near future. Hence, the petitioner may be granted the privilege of anticipatory bail. Learned counsel for the State has opposed the prayer

Patna High Court CR. MISC. No.17928 of 2019(5) dt.19-06-2019 2/2 for bail and submitted that the petitioner has committed a heinous crime. Moreover, prosecution witnesses have been closed on 03.11.2018 and case is fixed for defense evidence which is evident from the report at Flag-B. The trial is likely to be concluded very soon.

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

(Arvind Srivastava, J) brajesh/- U T