Patna High CourtCR. MISC./32855/2024dismissed

Sajid Khan @ Md. Sajid Khan @ Md. Sajid v. The State Of Bihar

2024-06-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32855 of 2024 Arising Out of PS. Case No.-219 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== Sajid Khan @ Md. Sajid Khan @ Md. Sajid Son of Sahazad Khan Resident of Village- Kosumhar, P.S.- Fatehpur, Dist.- Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

Iliyas Khan Son of Md. Sadik Khan Resident of village- Kosumhar, P.S.- Fatehpur, Dist.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the State :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 14.07.2023 in Cr. Misc. No. 41440 of 2023.

3. The petitioner seeks bail in connection with Fatehpur P.S. Case No. 219 of 2021 registered for the offence punishable under Sections 341, 323, 509, 354(B), 504 and 506 of the Indian Penal Code and Section 6 of the POCSO Act.

4. The following order was passed on 14.07.2023 in Cr. Misc. No.41440 of 2023 which reads as under: " Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in

Patna High Court CR. MISC. No.32855 of 2024(2) dt.21-06-2024 2/2 connection with Fatehpur P.S. Case No. 219 of 2021 registered for the offence under Sections 341, 323, 509, 354(B), 504 and 506 of the Indian Penal Code and Section 6 of the POCSO Act.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 10.10.2022 and he is innocent and has been falsely implicated in this case.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. From perusing the material available on record, the allegations against the petitioner is of serious nature and the victim girl is around 15 years old.

7. In these circumstances, I am not inclined to grant bail to the petitioner for the present.

8. Accordingly, this application stands rejected.

9. The Trial Court is directed to expedite the trial of the petitioner."

5. Learned counsel for the petitioner has tried to argue that it is a false case registered by the prosecution.

6. Learned counsel for the informant has submitted that the trial is on the verge of completion.

7. Considering the fact that the trial is on the verge of completion and the allegation against the petitioner, I am not inclined to grant bail to the petitioner.

8. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U T