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Patna High CourtCR. MISC./23518/2023bail rejected

Md. Wasim @ Wasim v. The State Of Bihar

2023-06-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23518 of 2023 Arising Out of PS. Case No.-198 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== MD. WASIM @ WASIM Son of Md. Israfil Resident of Village - Patilwa, P.S.- Sadar, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to make necessary correction in para-1 of the bail petition in course of the day.

The petitioner seeks bail, who is in custody since 02.11.2021 in connection with Special (POCSO) Case No.93 of 2021 arising out of Purnea Sadar P.S. Case No. 198 of 2021, C.I.S. No.93 of 2021, F.I.R. dated 19.04.2021 registered for the offence punishable under Sections 341,323,354,376,504,506,34 of the Indian Penal Code and Section 4/6 of POCSO Act. Earlier the prayer for bail of the petitioner was rejected vide order dated 26.07.2022 passed in Cr. Misc. No.3396 of 2022.

Patna High Court CR. MISC. No.23518 of 2023(4) dt.21-06-2023 2/2 Vide order dated 12.04.2023, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 24.04.2023 reveals that out of 11 prosecution witnesses, five witnesses have already been examined including the victim and the Doctor. The case is pending for examination of rest of the prosecution witnesses.

Considering the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Special (POCSO) Case No.93 of 2021 arising out of Purnea Sadar P.S. Case No. 198 of 2021, C.I.S. No.93 of 2021 pending in the court of learned Additional Sessions Judge VIcum-Special Judge (POCSO) Purnea. Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T