Sadir Kuraisi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55484 of 2021 Arising Out of PS. Case No.-48 Year-2019 Thana- JALE District- Darbhanga ====================================================== Sadir Kuraisi Son of Late Alihasan Kuraisi Village - Jale, P.O. and P.S. - Jale, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2021 This matter is taken up for consideration through Video Conferencing.

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

The petitioner seeks bail in Jale P.S. Case No. 48 of 2019, registered for the offence punishable under Section 376 of the Indian Penal Code and section 4/6 of the POCSO Act. Earlier the bail application of petitioner was rejected vide order dated 24.10.2019. Through this petition, petitioner has renewed his prayer for bail on the ground that FIR has been lodged after delay of four days. It is submitted that medical report does not support the prosecution case. It is next submitted that petitioner was elected as ward member and due to political rivalry he has been falsely implicated in this case. Petitioner is

Patna High Court CR. MISC. No.55484 of 2021(2) dt.22-09-2021 2/2 having clean antecedent and he is in custody since 15.05.2019 more than two years.

However, counsel for the State submits that there is specific allegation against this petitioner of committing rape of minor child and moreover, after consideration of all the materials available on the record, prayer for bail of the petitioner was rejected.

No fresh ground has been made out by the petitioner to reconsider the prayer for bail. Regard being had to allegation made in FIR, prayer for bail of the petitioner is rejected. As the petitioner is in custody since 15.05.2019, trial court is directed to conclude the trial as early as possible. (Prabhat Kumar Singh, J) vinita/- U T