Vishal Kumar Sardar @ Vishal Kr. Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34825 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- SIKTI District- Araria ====================================================== VISHAL KUMAR SARDAR @ VISHAL KR. SARDAR S/o Harilal Sardar, R/o Village- Tira, Ward No. 05, Panchayat Thengapur, P.S.- Sikty, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sikty P.S. Case No. 155 of 2021 corresponding to Spl. POCSO Case No. 14 of 2022 lodged under Sections 376, 504 and 506 of the Indian Penal Code read with section 4 of POCSO Act. As per prosecution, the informant is alleged to be minor with whom illicit relation has been established by the present petitioner. The consistent allegation is there in the F.I.R. as well as in statement recorded under section 164 of Cr.P.C., subsequently by Annexure-3 an application was filed before the
Patna High Court CR. MISC. No.34825 of 2022(3) dt.21-09-2022 2/2 Special Court denying the contents of F.I.R. and statement of 164 of Cr.P.C.
Learned counsel for the petitioner submits that petitioner is innocent and he is in custody since 22.04.2022 having clean antecedent.
Learned counsel for the State opposes the prayer for bail and submits that victim is minor and allegation of POCSO is there in the F.I.R. as well as in the statement of 164 of Cr.P.C.. victim admits that physical relation has been established by the petitioner.
In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner and bail application of the petitioner is hereby rejected.
Trial Court is directed to expedite the trial. (Dr. Anshuman, J.) ravishankar/- U T