Manoj Kumar Bahardar @ Manoj Kumar Bahrdar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32437 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- MAHILA P.S. District- Araria ====================================================== MANOJ KUMAR BAHARDAR @ MANOJ KUMAR BAHRDAR S/O MANGAN BAHARDAR R/o village- Diyari Ward No. 09, P.S.- Araria, District- Araria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Special POCSO Case No.29 of 2020 arising out of Araria Mahila P.S.Case No.67 of 2020 registered for the offence under Sections 376(3),448 and 34 of IPC and Section 4 of POCSO Act.
Allegation against the petitioner is that he committed rape with the daughter of the informant on the point of knife. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits it appears from the FIR that the present FIR has been instituted after lapse of 13 days of
Patna High Court CR. MISC. No.32437 of 2021(5) dt.10-03-2022 2/2 the date of occurrence. He further submits that the police, after investigation, submitted chargesheet against the petitioner. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner and submits that out of 11 chargesheeted witness, 09 prosecution witness including informant, victim and I.O. etc. have been examined and the evidence of prosecution is still pending for examination of remaining two witnesses. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Special POCSO Case No.29 of 2020 arising out of Araria Mahila P.S.Case No.67 of 2020 pending in the court of learned 6th Additional Sessions Judge-cum-Special Judge (POCSO), Araria.
Prayer is refused.
However, the learned Trial Court is directed to expedite the trial.
(Rajesh Kumar Verma, J) Nitesh/- U T