Md. Afroj @ Nanhe v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43762 of 2021 Arising Out of PS. Case No.-245 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== MD. AFROJ @ NANHE S/O YAKUB RESIDENT OF VILLAGEBALLOCHAK, WARD NO. 01, P.S.-DALSINGHSARAI, DISTRICTSAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2021 Heard Mr. Shekhar Kumar Singh, learned counsel for the petitioner and Mr. Anuj Kumar Srivastava, learned Additional Public Prosecutor for the State.

Petitioner renews his prayer for bail in connection with Dalsinghsarai PS Case No. 245/2019 registered for the offence punishable under Sections 376(A, B) of the IPC and Section 6 of the POCSO Act, inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide order dated 15.01.2021 passed in Cr. Misc No. 32723/2020 (Annexure-1) with liberty to renew his prayer for bail after three months.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and during course of trial the victim has not supported the prosecution

Patna High Court CR. MISC. No.43762 of 2021(3) dt.29-09-2021 2/3 story. Learned counsel further submits that parents of the victim have been examined by the prosecution but they have also not supported the prosecution story.

On the other hand, learned counsel for the State submits that the allegation against the petitioner is specific that the petitioner entered into the house of the victim in the night and committed rape upon her and just after lodging of the FIR, the statement of the victim under Section 164 CrPC was recorded in which she has supported the allegation. This Court vide order dated 25.08.2021 had called for a report from learned Additional Sessions Judge-I-cum-Special Judge (POCSO Act), Dalsinghsarai regarding stage of trial and in pursuance thereof, the said report has been received which discloses that out of ten charge-sheet witnesses, six witnesses have been examined and rest four witnesses are to be examined and estimated time for conclusion of trial is given within three months.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that the report discloses that the trial is likely to be concluded in three months, I am not inclined to grant regular bail to the petitioner at this stage.

Patna High Court CR. MISC. No.43762 of 2021(3) dt.29-09-2021 3/3 However, petitioner may renew his prayer for bail after three months if the trial is not concluded. (Anil Kumar Sinha, J) perwez U T