Patna High CourtCR. MISC./48378/2018disposal with observation

Raj Kumar Das v. The State Of Bihar

2018-10-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48378 of 2018 Arising Out of PS.Case No. -131 Year- 2015 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Raj Kumar Das, Son of Chandan Das, resident of Village Kusmaul P.S. Bharagama, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Special (POCSO) Act Case No.12 of 2015, registered for offences punishable under Section 376 of the Indian Penal Code. Allegation as per F.I.R. against the petitioner is of committing rape upon the informant and later on a Panchyati was held but the petitioner was denied to such act. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in the case and the informant was also filed a petition where she has mentioned that the allegation against the petitioner was made on the basis of misconception and the petitioner is in custody since 12.06.2018.

Patna High Court Cr.Misc. No.48378 of 2018 (3) dt.01-10-2018 2/2 Heard learned A.P.P., who opposes the prayer for bail on the ground that the girl is minor.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of bail to the petitioner with a further direction to the lower court to expedite the trial and conclude the same within a period of seven months from the receipt/ production of a copy of this order of this court, if not concluded, the petitioner shall be released on bail to the satisfaction of trial Court. With the aforesaid observation, the instant petition is disposed of.

(Vinod Kumar Sinha, J) Sudha/- U T