Ashok Singh @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50262 of 2016 Arising Out of PS.Case No. -258 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== ASHOK SINGH @ ASHOK KUMAR son of late Asharfi Singh resident of village-Bajitpur, P.S.-Madhuban, District-East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. Allegation against petitioner is of committing rape upon daughter of informant.

It has been submitted on behalf of petitioner that he has got no criminal antecedent. He is in custody since 14.7.2016. Chargesheet has been submitted against petitioner. Informant is not an eye witness to the alleged occurrence. The medical report also does not support the allegation made in the F.I.R. On behalf of the State, it is submitted that petitioner is named in the F.I.R. The victim has been examined under Section 164 of the Code of Criminal Procedure where she has made specific allegation against petitioner for committing the alleged offence.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage, same is rejected.

The trial court (Ist Addl. Sessions Judge, East

Patna High Court Cr.Misc. No.50262 of 2016 (2) dt.21-11-2016 2/2 Champaran, Motihari) is directed to take necessary steps to expedite the trial in connection with POCSO Trial no. 21 of 2016 arising out of Madhuban P. S. Case no. 258 of 2015. (Sudhir Singh, J) sudip/- U T