Patna High CourtCR. MISC./25267/2024dismissed

Rajesh @ Rajesh Kumar v. The State Of Bihar

2024-06-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25267 of 2024 Arising Out of PS. Case No.-588 Year-2020 Thana- DANAPUR District- Patna ====================================================== Rajesh @ Rajesh Kumar Son Of Dwarika Prasad @ Dwarika Singh Resident Of Village- Saguna Gandhi Murti, Danapur, Ps- Danapur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rishinarayan Sinha For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2024 Heard the learned counsel for the parties.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 19.07.2023 passed in Cr. Misc. No. 45840 of 2023 of 2023.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 342, 366A 376DA, 120B, 34 of the Indian Penal Code and Section 4 of the POCSO Act.

4. The following order was passed on 19.07.2023 in Cr. Misc. No. 45840 of 2023:- Heard the learned counsel for the petitioner and learned APP for the State.

2.The petitioner seeks bail in connection with Special Case No. 184 of 2020 arising out of Danapur P.S. Case No. 588 of 2020 registered for the offence under

Patna High Court CR. MISC. No.25267 of 2024(2) dt.21-06-2024 2/2 Sections 342, 366A, 376DA, 120B and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

3.Learned counsel for the petitioner submits that the petitioner is in custody since 12.10.2020, he is quite innocent, he has committed no offence and the allegation against the petitioner is false and fabricated. 4.Learned A.P.P. has vehemently opposed the prayer for bail.

5.Earlier the bail of the petitioner was rejected on 25.05.2022.

6.The allegation against the petitioner is of committing gang-rape.

7.Considering the allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner as the trial court has proceeded and out of five witnesses, one witness has already been examined. 8.The Trial Court is directed to conclude the trial at the earliest.

9.This application stands rejected.

5. No ground for review is made out.

6. Accordingly, this application for regular bail is hereby rejected.

(Sandeep Kumar, J) Shishir/- U T