Kleshar Bhagat @ Kaleshwar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43007 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Kleshar Bhagat @ Kaleshwar Bhagat Son of Late Shambhu Bhagat Resident Of Village- Sirsa Virna, Ps- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-09-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail in connection with Lalganj P.S. Case No. 97 of 2023, registered for the offences punishable under Sections 376 of the Indian Penal Code.

3. The prosecution case as emerges from the FIR is that on 01.03.2023, the Petitioner is alleged to have committed rape upon the daughter of the informant, who is a mentally retarted girl.

4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the Petitioner is a 74 years old man and he is next door neighbour of the informant and there is rivalry/enmity between the accused and the informant.

Patna High Court CR. MISC. No.43007 of 2023(3) dt.06-09-2023 2/3

5. He further submits that the petitioner has been languishing in jail since 03.03.2023.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that this is a case of ravishment of a mentally retarted girl. The averment made in the FIR is very natural and the allegation is also supported by medical report.

9. Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on bail at this stage.

10. The petition is dismissed accordingly.

11. However, Ld. Trial Court is directed to expedite the trial and in case the trial is not concluded within nine months, the petitioner will be at liberty to renew his prayer for bail.

12. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified

Patna High Court CR. MISC. No.43007 of 2023(3) dt.06-09-2023 3/3 copy of this order only after removal of office objections. (Jitendra Kumar, J) chandan/- U T