Patna High CourtCR. MISC./1060/2018rejected

Ratan Kumar Singh v. The State Of Bihar

2018-03-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1060 of 2018 Arising Out of PS.Case No. -181 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================

1. Ratan Kumar Singh, Son of Baleshwar Prasad Singh @ Baleshwar Singh, resident of Village- Sakrohar, P.S.- Beldaur, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arbind Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Manish Kumar 2, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 354(B) of the Indian Penal Code and Section 12 POCSO Act.

The petitioner was tutor of the informant.

Allegation is that the petitioner took the informant towards the orchard, opened her pant and took nude photographs on mobile. The allegation has been supported by the informant in her statement under Section 164 Cr.P.C and other witnesses have also supported that the victim disclosed soon after the occurrence.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.11.2017. There is

Patna High Court Cr.Misc. No.1060 of 2018 (4) dt.13-03-2018 contradiction in the case diary regarding the place of occurrence. The false allegation is due to dispute relating to Bataidari.

Considering the nature of allegation and statement of victim, I am not inclined to enlarge the petitioner on bail in connection with Beldour Police Station Case No. 181 of 2017, G.R.No.2642 of 2017 (POCSO Case No.13 of 2017) pending in the court of learned Additional Sessions Judge 1st, Khagaria/successor court. Hence, prayer for bail is refused.

However, the learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order. (Birendra Kumar, J) Nitesh/- U T