Patna High CourtCR. MISC./56636/2024rejected

Kisan Kumar @ Sagar Kumar Srivastava v. The State Of Bihar

2024-09-04Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56636 of 2024 Arising Out of PS. Case No.-238 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Kisan Kumar @ Sagar Kumar Srivastava S/o Sri Binod Kumar Srivastava R/o Puneibagh, ward no. 32, P.S. - Bettiah Town, Distt- West Champaran, Bihar ... ... Petitioner/s

Versus

The State of Bihar 2.

Sandhya Devi W/o Shree Manoj Kumar Singh R/o Piuni Bag, near Leather Factory, ward no. 32, Distt. - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2024 Heard Mr. Vishal Prasad, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.04.2022, in connection with Bettiah Town P.S. Case No. 238 of 2022, F.I.R. dated 04.04.2022 registered for the offences punishable under Sections 363/366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. Earlier the bail petition of the petitioner was rejected vide order dated 05.01.2024 passed in Cr. Misc. 69582 of 2023 by a Coordinate Bench of this Hon'ble Court.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.56636 of 2024(3) dt.04-09-2024 2/2 petitioner has not committed any offence as alleged in the F.I.R.

5. Vide order dated 02.08.2024 a report was called for with regard to the stage of the trial. Report dated 17.08.2024 of the learned Trial Court reveals that out of eight chargesheeted witnesses, five prosecution witnesses have already been examined and the case is pending for the evidence of rest three prosecution witnesses.

6. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he has committed rape with the victim girl.

7. Considering the nature of allegation as alleged in the F.I.R. as well as the report of the learned Trial court, I am not inclined to enlarge the petitioner on bail in connection with Bettiah Town P.S. Case No. 238 of 2022 pending in the Court of learned Additional District & Sessions Judge-VI-cum-Special Judge POCSO Bettiah, West Champaran.

8. Prayer is refused.

9. However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U