Patna High CourtCR. MISC./30177/2024dismissed

Manish Jaiswal @ Manish Kumar Jaiswal v. The State Of Bihar

2024-07-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30177 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== MANISH JAISWAL @ MANISH KUMAR JAISWAL S/O PRAMOD JAISWAL R/O VILLAGE- AKBARPUR, P.S- BHAWANIPUR (AKBARPUR), DISTT.- PURNEA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

RAJ KUMAR PASWAN S/O LATE BRAHAMDEO PASWAN R/O VILLAGE- AKBARPUR BAZAR, P.S- BHAWANIPUR, DISTT.- PURNEA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr.Sadanand Paswan Mr. Jharkhandi Upadhyay For the O.P. No. 02 :

Mr. Rajeev Kumar Ambastha Mr. Sumit Kumar Bhagat.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Spl. (POCSO) Case No. 169 of 2023 arising out of Bhawanipur (Akbarpur) P.S. Case No. 211 of 2023 registered for the offence under Section 376, 488, 384, 506/34 of the Indian Penal Code, under Section 4 and 8 of the POCSO Act and under Section 66 E of the I.T. Act.

3. As per the prosecution case, the petitioner is alleged to have raped the victim girl and made her photographs

Patna High Court CR. MISC. No.30177 of 2024(3) dt.31-07-2024 2/2 viral.

4. The petitioner is in custody since 8.9.2023.

5. It has been submitted by the learned senior counsel for the petitioner that Mr. Y.C. Verma that this is a case of delay in lodging the FIR i.e. the FIR has been lodged after two years from the date of occurrence and therefore the petitioner may be granted bail.

6. Learned counsel for the informant submits that the FIR was filed after the photographs were made viral.

7. Considering the serious allegation levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest. (Sandeep Kumar, J) Vikas/- U