Sanjay Kumar Harijan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37603 of 2024 Arising Out of PS. Case No.-9 Year-2020 Thana- KODHOBARI District- Kishanganj ====================================================== Sanjay Kumar Harijan S/o Late Rit Lal Harijan R/o vill - Dhangara Ward no. 12 Thana kodhobari District kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-08-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kodhobari P.S. Case no. 9 of 2020 registered under sections 376, 370, 372, 120B and 34 of the Indian Penal Code, sections 4 and 6 of the POCSO Act and sections 3, 4 and 5 of the Immoral Trafficking Act.
3. As per the prosecution case, the accused persons including the petitioner herein are said to have taken away the minor daughter of the informant and of having assaulted her.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is in custody since 16.5.2020 and the trial has proceeded in the learned Court below. The victim has been examined. The
Patna High Court CR. MISC. No.37603 of 2024(3) dt.23-08-2024 2/2 petitioner undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned APP for the State who submits that besides the instant case against the petitioner being under section 376 of the Indian Penal Code besides other sections as also the POCSO Act, the petitioner is involved in two other cases under section 376 of the Indian Penal Code.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R and the progress in the trial in the learned trial Court wherein as per learned counsel for the petitioner, the victim girl has already been examined, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Harsh/- U T