Shiv Nandan Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13213 of 2017 Arising Out of PS.Case No. -385 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. SHIV NANDAN (BABA), son of Late Baneshwar Pandit, Resident of Village- Malhara, P.S. & District- Godda.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Brij Nandad Prasad, Adv. For the Opposite Party : Mr. Satyavarat Verma, APP 171 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 376 of the Indian Penal Code and 4, 5 and 6 of the Protection of Children from Sexual Offices Act.

Allegation against the petitioner, who is a priest of a temple, is that he indulged in sexual abuse of a three years girl. The informant is eye witness of the occurrence. The victim has also supported the allegation before the police as well as in her statement under Section 164 of the Criminal Procedure Code.

Submission of the petitioner is that the petitioner is in custody since 09.09.2016 and just to grab the property of the temple, false case has been lodged and

Patna High Court Cr.Misc. No.13213 of 2017 (4) dt.16-05-2017 2/2 the victim is tutored witnesses.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

The prayer for bail is refused.

The learned trial Court is directed to expedite the trial, preferably within nine months, failing which the petitioner shall be at liberty to renew the prayer. (Birendra Kumar, J) SA/- U √ T √