Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57499 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- ATRI District- Gaya ====================================================== ROUSHAN KUMAR S/o RAJO YADAV R/o VILLAGE-KASIYADIH, P.SATRI, DISTRICT-GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with POCSO Case No. 62 of 2020 arising out of Atri P.S. Case No. 174 of 2020 instituted for the offences under Sections 341, 323, 326, 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.

The petitioner is said to have sexually assaulted the victim.

The prayer for bail of the petitioner was earlier rejected vide order dated 08.02.2021 passed in Cr. Misc. No. 33555 of 2020.

Patna High Court CR. MISC. No.57499 of 2021(3) dt.02-02-2022 2/3 The learned counsel for the petitioner has drawn the attention of this Court to the fact that there could be a possibility of false implication as there is a land dispute between the parties and there are contradictory statements of the informant as well as the victim girl.

This Court had called for a report about the stage of the case from the court below vide order dated 15.12.2021. The report which has since been received indicates that the case could not proceed because of nonappearance of other two accused persons of this case. Considering the nature of accusation and the background facts, I am not inclined to grant bail to the petitioner.

The prayer for bail is rejected.

However, finding that because of the nonappearance of other two accused persons, the petitioner has remained in jail for about one and half years without the trial of his case proceeding any further, this Court, therefore, observes that in case the other two accused person do not appear, the trial of the petitioner be separated and be

Patna High Court CR. MISC. No.57499 of 2021(3) dt.02-02-2022 3/3 conducted and concluded as expeditiously as possible, preferably within a period of six months.

Such observation has been made only on the ground that the petitioner himself is a person of young age and is languishing in custody since one and half years. Should there be no substantial progress in the case within few months of the commencement of the trial, it would be open for the petitioner to approach the Trial Court for grant of bail and in that event, the Trial Court shall be under an obligation to record the reasons for tardy progress of trial.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) sunilkumar/- U T