Patna High CourtCR. MISC./36897/2023dismissed

Suman Kumar Singh v. The State Of Bihar

2023-09-05Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36897 of 2023 Arising Out of PS. Case No.-486 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Suman Kumar Singh Son Of Late Sachchindanand Singh Resident Of Village- Kataru, Ps- Paroo, District- Muzaffarpur, Presently Residing At Kataru Niwas Bhawani Nagar, Bhagwanpur, Ps- Muzaffarpur Sadar, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP For the informant :

Mr. Sunil Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09-2023 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner as also Mr. Sunil Kumar Pandey who represent the informant and the learned APP for the State.

2. The petitioner is in judicial custody in connection with Paroo P.S. Case No. 486 of 2022 for the offence punishable under Sections 341, 354, 504, 509 of the Indian Penal Code and section 12/18 of the Protection of Children from Sexual Offence Act lodged on 13.10.2022 by the informant, Manish Kumar.

3. As per the prosecution story, the allegation against the petitioner is of outraging the modesty of a nine years child of the informant.

4. In this case, a coordinate bench of this Court had called for the case diary as also 164 of the Cr.P.C. statement of the victim girl on 5.7.2023 which have since been received.

Patna High Court CR. MISC. No.36897 of 2023(3) dt.05-09-2023 2/2

5. Mr. Ajay Kumar Thakur, learned counsel for the petitioner submits that there is land dispute between the parties and with sole view to grab the land of the petitioner, the informant has made this story. He is in jail since 10.3.2023 (para-18 of the petition) and deserves bail.

6. Learned APP has drawn attention of this Court to the statement of the victim girl under section 164 of the Cr.P.C. in which she has supported the prosecution story.

7. Learned counsel for the informant submits that trial has commenced and out of seven witnesses two witnesses including the victim girl have already been examined.

8. In that background, it would be appropriate that the trial is taken to the logical conclusion within a period of six months from today.

9. So far as the bail petition is concerned, for the present, this Court is not inclined to extend the same, is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T