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Patna High CourtCR. MISC./50189/2024bail rejected

Abhishek Kumar @ Samir Kumar v. The State Of Bihar

2024-09-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50189 of 2024 Arising Out of PS. Case No.-834 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Abhishek Kumar @ Samir Kumar S/O- Late Vipin Singh R/O Village- Siuri Gopinathpur, P.S- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

'X' (VICTIM) D/O Late Sanjeev Chaterji Undr Guardianship Of Grnadfather Sri Ratnakar Chaterji, R/O Pirarha, Khantitarh, P.S- Ratu, Distt.- Ranchi (JHARKHAND).

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Muzaffarpur Sadar P.S. Case No. 834 of 2023 dated 25.08.2023, lodged under Sections 366(A), 376(3), 325, 342, 377, 34 of the Indian Penal Code read with sections 4/6 of the POCSO Act and sections 75/79 of the Juvenile Justice Act pending before Additional District & Sessions Judge-VI-cum-Special Judge, POCSO-1, Muzaffarpur.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 17.10.2023 passed in Cr. Misc. No. 67465 of 2023.

Patna High Court CR. MISC. No.50189 of 2024(3) dt.11-09-2024 2/2 Counsel submits that the victim was minor. Counsel further submits that a report about the present stage of the trial has been called for and upon perusal of the said report, Trial Court has submitted that within six months, trial shall be concluded. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 29.08.2023.

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

6. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

(Dr. Anshuman, J) Divyansh/- U T