Patna High CourtCR. MISC./37818/2022bail rejected

Raushan Thakur @ Roshan Thakur v. The State Of Bihar

2022-12-06Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37818 of 2022 Arising Out of PS. Case No.-150 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Raushan Thakur @ Roshan Thakur Son of Late Ganesh Thakur Resident of Village- Rampurwa, P.s.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Majhaulia P.S. Case No. 150 of 2020 lodged under Sections 376AB of the I.P.C. read with Section 4/6 of POCSO Act and Sections 75/81 of Juvenile Justice (Care of Protection of Children) Act.

As per the prosecution case, there is direct allegation against the present petitioner in commission of offence under Section 376 (A/B) read with POCSO Act and violation of JJ Act.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.37818 of 2022(4) dt.06-12-2022 2/2 antecedent of the petitioner is clean and petitioner is in custody since 05.07.2021. There is 3 days delay of filing of the F.I.R. Counsel submits that under a deep rooted conspiracy, petitioner's name has figured in this case. Earlier case diary was called for.

Learned counsel for the State opposes the prayer for bail and submits that whatever the allegation made in the F.I.R. has been consistently made in the statement recorded under Section 164 of Cr.P.C. also.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected. The Trial Court is directed to expedite the trial within 9 months.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T