Patna High CourtCR. MISC./35843/2020disposed

Rajesh Hasda @ Rajesh Hansda v. The State Of Bihar

2021-05-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35843 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- CHANDAN District- Banka ====================================================== Rajesh Hasda @ Rajesh Hansda, Son of Dilip Hansda, Resident of VillageBabumahal, P.S. Chandan, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-05-2021 Heard Mr. Brij Nandan Prasad, learned counsel for the petitioner and Mr. Ajit Kumar, learned APP for the State. The petitioner seeks bail in connection with Chandan (Anandpuri) P.S. Case No. 12 of 2020 instituted for the offences under Sections 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The accusation against the petitioner is of having sexually molested a young girl.

The learned counsel for the petitioner has drawn the attention of this Court to the statement of the victim girl under Section 164 Cr.P.C., which does not completely

Patna High Court CR. MISC. No.35843 of 2020(4) dt.21-05-2021 2/2 support the prosecution version.

The petitioner is said to be in custody since 23.01.2020.

However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.

The prayer for bail is rejected.

However, looking at the period of custody of the petitioner, this Court observes that if there is no substantial progress in the case within six months, to be counted from today, the petitioner would be at liberty to approach the Court below for grant of bail and in that event, the Court below shall be under an obligation to record the reasons for the tardy progress of the trial.

With the aforesaid observation, this application stands disposed off.

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