Chhotak Kumar Mallah @ Chhotak Kumar Malah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33628 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- AANDAR District- Siwan ====================================================== CHHOTAK KUMAR MALLAH @ CHHOTAK KUMAR MALAH Son of Suraj Mallah Resident of Village - Jamalpur, P.S.- Andar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 363,366(A)/376 of IPC and Sections 4/6 of POCSO Act.

Allegation against the petitioner is that he physically exploited the victim girl of scheduled caste on the assurance of marriage.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR that the victim was missing since more than one month and no FIR was registered by the parents. He further submits that in fact the victim girl is major.

On the other hand, learned A.P.P. for the State, on the

Patna High Court CR. MISC. No.33628 of 2021(7) dt.20-04-2022 2/2 basis of material available on the record and the case diary, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim girl was recorded under Section 164 Cr.P.C. in which she supported the allegation as alleged in the FIR. He further submits that the medical report also confirms the allegation.

Vide order dated 09.03.2022, a report was called for with regard to the stage of the trial. Report reveals that two prosecution witnesses have been examined including the victim girl and the trial is going on.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Aandar P.S.Case No.18 of 2021 pending in the court of learned Additional District Judge-VI-cum-Special Judge, Siwan (POCSO).

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Nitesh/- U T