Badal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33492 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- DIGHWARA District- Saran ====================================================== BADAL KUMAR Son of Manoj Mahto Resident of Village- Dakhinwari Patti, Malkhachak, P.S.- Dighwara, District- Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate Ms. Archana, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-02-2021 Heard Mr. Arun Kumar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.
The petitioner seeks bail in connection with Dighwara P.S. Case No. 167 of 2020 dated 23.06.2020 instituted for the offence under Section 376 of the Indian Penal Code and under Sections 4/6 of the POCSO Act.
Learned counsel for the petitioner has submitted that from bare perusal of the FIR, it would appear that only because of some ulterior purposes, the present case has been lodged. There is some delay in lodging of the FIR also. The projection of the age of the victim also is not correct.
Apart from this, learned counsel for the
Patna High Court CR. MISC. No.33492 of 2020(3) dt.17-02-2021 2/2 petitioner has submitted that because the petitioner and the victim are neighbours and the family had been on litigating terms, the well-wishers of both the families intervened and now a settlement has been arrived at and the family members of the victim now do not want to prosecute the petitioner any further.
The petitioner is in custody since 24.06.2020. None of these grounds weigh with this Court for granting bail to him.
The prayer for bail is rejected.
However, the trial court is directed to conclude the trial as early as possible.
(Ashutosh Kumar, J) krishna/- U T