Anuj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29495 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== ANUJ SINGH S/O RAMASHARY SINGH R/o village- Naraura, P.S.- Mohania, District- Kaimur (Bhabua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Sunil, Adv For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in connection with POCSO Case No.55 of 2020 (I.A.01/2021) arising out of Mahila Bhabhua P.S.Case No.83 of 2020 registered for the offence under Section 376 of IPC and Sections 8 of POCSO Act. The prosecution case, in short, is that one Anju Kumari gave her written complaint before the S.H.O. Mahila P.S. Bhabhua stating therein that on 05.11.2020 at about 01.00 P.M. while she went outside for grazing the goat, her co-villager, namely, Anuj Singh (petitioner) caught her and took her near the side of river and committed rape with her and upon hulla he fled away and thereafter she came to her house and narrated the entire occurrence with her mother.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29495 of 2021(4) dt.22-03-2022 2/2 petitioner has clean antecedent. He has falsely been implicated in the present case.
Learned counsel for the informant as well as learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner on the ground that 164 Cr.P.C. statement of the victim has supported the allegation as alleged in the FIR. He further submits that the medical report also suggests that the allegation is true.
Vide order dated 29.01.2022 a report was called for with regard to the stage of the trial. Report reveals that till date seven witnesses have been examined.
In the aforesaid background, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No.55 of 2020 (I.A.01/2021) arising out of Mahila Bhabhua P.S.Case No.83 of 2020 pending in the court of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Kaimur at Bhabhua. Prayer is refused.
However, the learned Trial Court is directed to expedite the trial.
(Rajesh Kumar Verma, J) Nitesh/- U T