Patna High CourtCR. MISC./33673/2023bail rejected

Shivlok Kumar v. The State Of Bihar

2023-07-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33673 of 2023 Arising Out of PS. Case No.-87 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== SHIVLOK KUMAR S/O RAJJAN SINGH @ RANJAN SINGH @ RANJAN KUMAR SINGH @ RANJAN KUMAR @ RANJAN SINGH R/O VillageSabnima, P.S- Athmalgola, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2023 Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Special (POCSO) Case no. 58 of 2021 (arising out of Athamalgola P.S. Case no. 87 of 2021 registered under sections 376(3) and 506 of the Indian Penal Code and section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have threatened the minor daughter of the informant and established physical relations with her. Thereafter, he threatened that he would make the video of the occurrence viral.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 12.4.2022 passed in Cr. Misc. no. 52538 of 2021. It

Patna High Court CR. MISC. No.33673 of 2023(3) dt.26-07-2023 2/2 is a case of love affair between the parties. No specific date of occurrence has been mentioned. The FIR has been registered after a delay of 12 days. No external or internal injury has been found on the victim. The petitioner is in custody since 6.5.2021 and has no criminal antecedent.

5. Heard learned APP for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 6.7.2023 seven out of eight witnesses have been examined on behalf of the prosecution.

7. Having regard to the allegations against the petitioner, case being one under the POCSO Act together with the progress in trial in the learned trial Court where the trial is near conclusion, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Prakash/- U