Patna High CourtCR. MISC./44124/2015rejected

Sudhir Kumar v. The State Of Bihar

2015-09-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44124 of 2015 Arising Out of PS.Case No. -569 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Sudhir Kumar, Son of Late Dwarika Mahto, Resident of Village-Kanhauli, P.S.-Bihta, District-Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-09-2015 Heard learned counsel for the petitioner and learned Special Public Prosecutor for the State.

The petitioner seeks bail in Special Case No. 30/2014 arising out of Bihta P.S. Case No. 569 of 2014 registered under Section 376 of the Indian Penal Code and Section 3(1)(xii), 2(v) of the S.C./S.T. (P.O.A.) Act and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 27.11.2014 passed in Cr. Misc. No. 42841 of 2014.

According to the prosecution case, the petitioner

Patna High Court Cr.Misc. No.44124 of 2015 (2) dt.16-09-2015 2 / 2 being a school teacher is alleged to have ravished a minor girl aged about 14 years.

It is contended that the medical report does not corroborate the ocular testimony of the prosecutrix. It is further contended that the petitioner is in custody since 11th August, 2014 and the trial is not likely to conclude in near future. Learned Special Public Prosecutor for the State has vehemently opposed the prayer for bail.

Regard being had to the gravity of the offence, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.

The trial court is directed to expedite the trial and conclude the same as early as possible.

(Ashwani Kumar Singh, J.) Sanjeet/- U T