Balwant Gil @ Bali Ram Singh @ Balram Singh @ Balwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31606 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- MAHILA P.S. District- Saran ====================================================== BALWANT GIL @ BALI RAM SINGH @ BALRAM SINGH @ BALWANT SINGH SON OF RAM RAJ SINGH R/O VILLAGEGORAIPUR, P.S.- AWATAR NAGAR, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Mahila P.S. Case No. 61 of 2021 registered for the offences punishable under sections 376(2)(cha), 506 of the Indian Penal Code and 4/6 of POCSO Act.

Allegedly, the petitioner who happens to be father of the victim, committed rape on the victim.

The main submissions advanced by learned counsel Shri Sunil Kumar Singh appearing for the petitioner are that the petitioner has clean antecedent and the instant case relates to

Patna High Court CR. MISC. No.31606 of 2022(5) dt.28-09-2022 2/3 attempt of rape, three witnesses of the prosecution have been examined in the trial of the petitioner and after the institution of the instant case mother of the victim filed an affidavit before this Court denying the allegation of the F.I.R. Further submission is that the petitioner has been languishing in jail since 22.09.2021, he is facing trial and his case is at advanced stage.

Shri Mohammed Arif learned APP appearing for the State has opposed the prayer for bail.

Heard both the sides, perused the F.I.R and the deposition of the victim filed with this petition. The victim has made serious allegation against the petitioner who happens to be father of the victim, in the F.I.R and according to her the petitioner outraged modesty of the victim and the said allegation has also been supported by the victim in her deposition given by her in the trial of the petitioner's case.

Considering the seriousness of the allegation this Court is not inclined to enlarge this petitioner on bail, accordingly, his prayer for bail stands rejected. The trial court is directed to expedite the trial of the petitioner and take steps to conclude the same in the next one year. If the same not concluded in the said period then the

Patna High Court CR. MISC. No.31606 of 2022(5) dt.28-09-2022 3/3 petitioner may renew his bail prayer. The petitioner may also renew his bail prayer after examination of all prosecution witnesses.

(Shailendra Singh, J) Hassan/maynaz/- U