Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49478 of 2025 Arising Out of PS. Case No.-130 Year-2023 Thana- Kurth District- Arwal ====================================================== Deepak Kumar S/o Sri Harendra Singh R/o Vill- Dhamaul, P.S.- Kurtha, Distt- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. X Devi W/o Pinto Sah R/o Vill- Dhamoul, P.S.- Kurtha, Distt- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2025 Heard Mr. Diwakar Prasad Singh, learned counsel for the petitioner as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 07.06.2023 in connection with POCSO Case No. 39 of 2023 arising out of Kurtha P.S. Case No. 130 of 2023, F.I.R. dated 28.04.2023 for the offences punishable under Sections 341, 504, 506 and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. Earlier the bail application of the petitioner has been rejected twice vide order dated 05.09.2023 and 06.09.2024 passed in Cr. Misc. No. 57634 of 2023 and Cr. Misc. No. 49799 of 2024 respectively.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.49478 of 2025(3) dt.18-09-2025 2/2 implicated in the present case. He further submits that the petitioner is in custody since 07.06.2023 but the trial is not in progress as yet.

5. Vide order dated 18.07.2025 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 31.07.2025 reveals that out of 12 charge sheet witnesses, 5 witnesses have been examined and the case is pending for the examination of rest of the prosecution witnesses.

6. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the nature of allegation as alleged in the F.I.R as well as report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 39 of 2023 arising out of Kurtha P.S. Case No. 130 of 2023 pending in the court of learned VI Additional Sessions Judge cum Special Judge POCSO Act at Jehanabad.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T