Lorik Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.27952 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- CHENARI District- Rohtas ====================================================== LORIK YADAV S/o Rambachan Yadav Village-Chorahi, P.S.-Chenari, District-Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh,Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Madan Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Chenari P.S. Case No. 60 of 2020 registered for the offence punishable under Section 4 of POCSO Act.

As per allegations in the First Information Report this petitioner had indulged in sodomy with a 7 years old boy. The victim boy has narrated the story and in this connection the petitioner has been taken in custody and he is in jail since 20.04.2020.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.27952 of 2020(5) dt.16-12-2020 2/3 petitioner has not committed any offence and he has been made accused in this case because of local village politics. Mr. Madan Kumar, learned APP for the State has after going through the case diary submitted that in course of investigation all the witnesses have supported the allegations against the petitioner. Learned APP has also read out the medical examination report and has submitted that the doctor has found that the victim boy was subjected to sodomy. Under these circumstances, considering the nature of the offence against the minor, learned APP submits that the petitioner does not deserve privilege of bail at this stage.

Having regard to the facts and circumstances of the case, the nature of allegations and the victim being a minor boy aged about 7 years, the allegations getting support from the medical examination report as well, this Court is not inclined to grant privilege of bail to the petitioner at this stage. The prayer for regular bail of the petitioner is, thus, refused. Let the trial be expedited.

The learned trial court/POCSO court shall ensure that the trial is conducted with utmost urgency and expediency and no unnecessary adjournment be granted in this case. The prosecution must cooperate in course of trial and in case the trial

Patna High Court CR. MISC. No.27952 of 2020(5) dt.16-12-2020 3/3 court does not get support from the prosecution, it may take all such steps which are permissible in accordance with law. Let the trial be concluded as early as possible preferably within a period of 6 months from the date of receipt/production of a copy of this order.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/avin U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.