Jitu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26721 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- GAURICHAK District- Patna ====================================================== Jitu Paswan Son Of Dhanraj Paswan Resident Of Village - Chak Sultanpur, P.S. - Fatwah, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Yogesh C.Mishra, Sr. Advocate and Mr.Surendra Kumar Mishra, Advocate For the Opposite Party :

Mr. Anil Kr.Singh No.1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner seeks bail in Gaurichak Police Station Case No. 345/2019, Special Case No.157/2019 registered for the offence punishable under section 376B of the Indian Penal Code and sections 4/6 of the POCSO Act.

The petitioner, a tempoo driver, took the 10 years old victim to a lonely place and committed rape on her. Learned counsel for the petitioner submits that no such occurrence took place and during investigation no incriminating material has come against the petitioner. Petitioner is in custody since 14.8.2019 having no criminal antecedent.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.26721 of 2020(5) dt.04-01-2021 2/2 bail and submits that charges have already been framed for offence punishable under section 376B of the IPC and section 6 of the POCSO Act and presently this case is running for prosecution evidence as summons have already been issued to the witnesses.

In view of the nature of allegation against the petitioner and the aforesaid development, prayer for bail of the petitioner is refused.

Let the trial be expedited.

(Prabhat Kumar Singh, J) Shashi U T