Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1642 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== SONU KUMAR, SON OF DINESH KUMAR SINGH Resident of Village - Laxmanpur, P.S.- Jandaha, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 8796 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== VIVEK KUMAR Son of Virendra Singh Resident of Village - Laxmanpur, P.S. - Jandaha, District - Vaishali at Hajipur (Bihar). ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1642 of 2021) For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP.

(In CRIMINAL MISCELLANEOUS No. 8796 of 2021) For the Petitioner/s :

Mr.Rakesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Akbar Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2021 Let the defects, if any, be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioners are languishing in custody for the offence punishable under Sections 341, 323, 354B, 509, 504 and 506/34 of the Indian Penal Code and Section 8 of the POCSO

Patna High Court CR. MISC. No.1642 of 2021(4) dt.26-07-2021 2/3 Act.

Allegation against the petitioners is of sexual harassment and physical assault to two minor daughters of the informant who were on the way to their home after attending coaching classes.

Learned counsel for the petitioners submits that the allegation is general and omnibus against the petitioners. Learned counsel for the petitioner Sonu Kumar submits that the petitioner has specifically stated on oath that the matter is of love affairs between the petitioner and the second daughter of the informant, whereas no tangible evidence, to support the aforesaid statement on oath has been produced, either in physical or electronic mode. Learned counsel for the petitioner Vivek Kumar contends that investigation of the case is already complete. There is delay of two days in lodging of the F.I.R. Perused the case diary. Other witnesses have also supported the prosecution case.

Considering the nature of allegation against the petitioners, I am not inclined to enlarge them on bail in connection with Jandaha P.S. Case No. 166 of 2020. Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial and

Patna High Court CR. MISC. No.1642 of 2021(4) dt.26-07-2021 3/3 conclude the same preferably within nine months. If the trial is not concluded within aforesaid period, the petitioners would renew prayer for bail before the court below itself. (Birendra Kumar, J) mantreshwar/- U T