Patna High CourtCR. MISC./34910/2020dismissed

Chotkan Rishideo @ Chhotkan Rishideo v. The State Of Bihar

2020-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34910 of 2020 Arising Out of PS. Case No.-25 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== Chotkan Rishideo @ Chhotkan Rishideo Son of Mahendra Rishideo Resident of Village-Bhelwa, Ward No. 01, P.S.-Singheshwar, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Anil Kumar Singh, the learned A.P.P. for the State. The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with POCSO Case No. 08 of 2019 arising out of Singheshwar P.S. Case No. 25 of 2019 inasmuch as his earlier petition for grant of bail was rejected by a coordinate Bench of this Court vide order dated 18.12.2019 passed in Criminal Misc. No. 74119 of 2019. The petitioner is alleged to have committed heinous crime of attempting to rape a six years old child, who is the daughter of the informant.

Patna High Court CR. MISC. No.34910 of 2020(2) dt.21-12-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is rotting in jail since 04.02.2019 and there is no progress in the trial, hence a sympathetic view may be taken. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that there is no change in circumstance from the day the prayer of the petitioner for grant of regular bail was rejected earlier, till date, I do not find any reason to reconsider the prayer of the petitioner for grant of bail, hence the present petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T