Patna High CourtCR. MISC./31394/2020disposed

Kundan Paswan v. The State Of Bihar

2021-01-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31394 of 2020 Arising Out of PS. Case No.-589 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== KUNDAN PASWAN, S/o Raj Deo Paswan @ Rajdev Paswan Resident of Village-Wakilganj, P.S.-Dobhi, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-01-2021 Heard Mr. Sudama Singh, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with POCSO Case No. 138 of 2019, arising out of Sherghati (Dobhi) P. S. Case No. 589 of 2019, instituted for offences under Section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012.

He is stated to be in custody since 16.12.2019. The petitioner is alleged to have committed rape upon the victim. Though several grounds have been raised by the petitioner, viz, that the age of the victim

Patna High Court CR. MISC. No.31394 of 2020(3) dt.22-01-2021 2/2 having been assessed to be more than what she has projected and compounding of the offence, but I am not inclined to grant bail to the petitioner in view of the accusation in the F.I.R., notwithstanding the fact that the petitioner is in custody since 16.12.2019. The prayer for bail is rejected.

However, the trial court is directed to conclude the trial, preferably within a period of nine months from the date of production/receipt of a copy of this order. If there is no substantial progress in the trial, the petitioner would be entitled to approach the court below for grant of bail and in that event, the court below shall be under an obligation to record the reasons for the tardy progress of the trial.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T