Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33555 of 2020 Arising Out of PS. Case No.-174 Year-2020 Thana- ATRI District- Gaya ====================================================== Roushan Kumar, aged about 19 years, male, Son of Rajo Yadav, Resident of Village- Kasiyadih, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukul Jee, Adv.

For the State : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Mukul Jee, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with POCSO Case No. 62 of 2020 arising out of Atri P.S. Case No. 174 of 2020, dated 05.06.2020, instituted for the offences under Sections 341, 323, 326 and 376/34 of the Indian Penal Code and Section 4 of

Patna High Court CR. MISC. No.33555 of 2020(3) dt.08-02-2021 2/3 the Prevention of Children from Sexual Offences Act, 2012.

On 16.12.2020, this Court had called for the case diary, which has been perused.

The accusation against the petitioner is of having sexually assaulted the victim.

Learned counsel for the petitioner has submitted that the attendant circumstances would clearly spell-out that the dispute lies somewhere else. The petitioner as well as the victim are cousins. However, considering the nature of accusation in the F.I.R. and its confirmation by the victim in her statement under Section 164 Cr.P.C., this Court is not inclined to grant bail to the petitioner for the present, notwithstanding the fact that he is in custody since 06.06.2020.

The prayer for grant of bail is, accordingly, rejected.

The Trial Court, however, is directed to expedite and conclude the trial of the petitioner

Patna High Court CR. MISC. No.33555 of 2020(3) dt.08-02-2021 3/3 within a reasonable period of time.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T