Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43059 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== AJAY KUMAR SON OF RAM PRAVESH SAH R/O VILLAGESANGRAMPUR BARAI TOLA, P.S.- SANGRAMPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 18.03.2021 seeks regular bail in connection with Chhatauni P.S. Case No. 100 of 2021 registered for offences punishable under Sections 376 (g), 379 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.
Prosecution case, in brief, is that the petitioner and the co-accused persons have committed penetrative sexual assault on 12.03.2021 with the victim girl, who has alleged that on the date of the incident she was all alone at her house and taking
Patna High Court CR. MISC. No.43059 of 2021(3) dt.10-03-2022 2/2 advantage of the situation the accused persons, including the present petitioner forcibly entered into her house and committed gang-rape upon her.
Considering the allegation of committing rape with the informant as well as the statement of the victim under Section 164 Cr.P.C., I am not inclined to enlarge the petitioner on bail at this stage.
The trial Court is directed to conclude the trial within a period of six months.
If no substantial progress takes place in conduct of trial, the petitioner, if so advised, may renew his prayer for bail after the aforesaid period.
(Purnendu Singh, J) Niraj/- U T