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Patna High CourtCR. MISC./36887/2020dismissed

Ramu Nat v. The State Of Bihar

2021-05-17Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36887 of 2020 Arising Out of PS. Case No.-1210 Year-2018 Thana- BIHTA District- Patna ====================================================== RAMU NAT Son of Ram Ekbal Nat @ Khapdi Resident of VillageSrirampur, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the State :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-05-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conference. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner is in custody since 10.12.2019 in connection with Special Case No. 214 of 2018 arising out of Bihta P.S. Case No. 1210 of 2018 for the alleged offences under Section 376(D) of the Indian Penal Code and Sections 4 and 6 of the Prevention of Children from Sexual Offences (POCSO) Act.

Patna High Court CR. MISC. No.36887 of 2020(6) dt.17-05-2021 2/3

3. It is submitted that the petitioner has been falsely implicated on the accusation that he, along with co-accused Krishna Kumar, committed rape upon the informant who claims to be 13 years of age. There is two days' delay in lodging the FIR on 24.10.2018 for the alleged occurrence of 22.10.2018. The medical report does not support the allegation as no fresh injuries have been found on her person. The petitioner claims clean antecedents.

4. Pursuant to the order dated 20.02.2021, a status report dated 25.02.2021 has been received, according to which three witnesses out of six charge-sheeted witnesses have been examined and the case is running for prosecution evidence.

5. Learned APP appears and has been heard.

6. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed with the observation that the learned trial court shall conclude the trial expeditiously and in any event preferably within a period of six months from today.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1

Patna High Court CR. MISC. No.36887 of 2020(6) dt.17-05-2021 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T