Patna High CourtCR. MISC./20500/2020bail rejected

Roshan Gond v. The State Of Bihar

2020-10-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20500 of 2020 Arising Out of PS. Case No.-195 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Roshan Gond S/o Suresh Gond Resident of Village- Mairitar, P.S.- Guthni, Distt- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-10-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner is in jail custody since 11.12.2019 in connection with Guthni P.S. Case No. 195 of 2019 registered for the offences punishable under Sections 363, 376/511 of the Indian Penal Code and Sections 4, 6, 8 of POCSO Act. Petitioner is said to have made attempt to commit rape on a five year old girl.

Learned counsel of the petitioner submits that medical report does not support the accusation and at para 14 of the case diary, one prosecution witness admitted that petitioner has been roped in this case on account of previous enmity.

Patna High Court CR. MISC. No.20500 of 2020(3) dt.05-10-2020 2/2 The learned trial court has mentioned in the impugned order that charge against the petitioner has already been framed and his trial has commenced.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Guthni P.S. Case No. 195 of 2019 corresponding to POCSO Trial No. 04 of 2020 stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within one year from the date of receipt/production of copy of this order.

(Hemant Kumar Srivastava, J) shahzad/- U T