Ravi Kumar @ Ravi Kumar Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43998 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== RAVI KUMAR @ RAVI KUMAR SONI Son of Manoj Seth @ Manoj Prasad Soni @ Manoj Kumar Soni Resident of Village- Gorari, P.S.- Karakat, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rama Kant Sharma, Sr. Adv.
Mr.Bipin Kumar, Adv.
For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2021 Heard the parties through virtual court proceedings. Vide order dated 06.01.2021 passed in Cr. Misc. No.30226 of 2020, the prayer for bail of this petitioner was rejected by this Court.
Again, the instant bail application has been filed by the petitioner on 07.08.2021, in which vide order dated 18.08.2021, a report was called regarding the stage of trial. In compliance thereof, a report dated 23.08.2021 has been sent by learned Additional District and Sessions Judge VII, Exclusive Special Court (POCSO), Rohtas at Sasaram and kept at flag 'A'.
It is submitted by way of the report that the police has submitted chargesheet u/s 376 of the IPC and section 3⁄4 of the
Patna High Court CR. MISC. No.43998 of 2021(3) dt.15-09-2021 2/3 POCSO Act, the cognizance was taken by this court on 04.07.2020 and the police paper has been supplied to the accused persons on 23.03.2021 and the case is fixed for framing of charge. The accused persons have filed a discharge petition on 09.04.2021 in this case. Some of the accused who are out on regular bail granted by the Hon'ble Court are not attending the court and are neither canvassing in the discharge petition. Learned Senior Counsel for the petitioner submits that the victim was missing from her house since 08.08.2019 and the FIR was lodged on 31.03.2021 i.e. after a lapse of seven months without any explanation regarding the delay in lodging the FIR. It is further submitted that similarly situated co-accused namely Bhola Prasad @ Bhola Seth @ Bhola Soni has been granted bail by co-ordinate Bench of this Court vide order dated 15.12.2020 passed in Cr. Misc. No.30670 of 2020. The police has submitted the final form against the accused and cognizance was taken by the court below on 04.07.2020.
Learned counsel for the State has opposed the prayer for bail.
Under the aforesaid facts and circumstances of this case and on perusal of the record including the report kept at flag 'A', since the charge has not yet been framed, I am not inclined to
Patna High Court CR. MISC. No.43998 of 2021(3) dt.15-09-2021 3/3 grant bail to the petitioner named above.
Accordingly, the bail application is hereby dismissed. However, petitioner is at liberty to renew his bail application after framing of charge.
(Anjani Kumar Sharan, J) pallavi/- U T