Patna High CourtCR. MISC./52439/2025dismissed

Kekanu v. The State Of Bihar

2025-08-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52439 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- ABADPUR District- Katihar ====================================================== Kekanu S/o- Late Momiruddin R/o Village- Govindpur, P.S.- Abadpur, District- Katihar ... ... Petitioner/s

Versus

The State of Bihar 2.

Abdul Rauf @ Jola S/o Late Dil Mohammad R/o Village- Govindpur, Ward No. 6, P.S.- Abadpur, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh, Advocate For the State :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection withAbadpur P.S. Case No. 49 of 2024 registered for the offence under Sections 376, 341 ,323, 34 of the Indian Penal Code and under Section 4 of the POCSO Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 22.01.2025 passed in Cr. Misc. No. 75278 of 2024, which reads as follows:

"Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02/informant.

2. The petitioner seeks regular bail in

Patna High Court CR. MISC. No.52439 of 2025(2) dt.01-08-2025 2/2 connection with Abadpur P.S. Case No. 49 of 2024 registered for the offence under Sections 376, 341 ,323, 34 of the Indian Penal Code and under Section 4 of the POCSO Act.

3. The victim is 11 years old. From the statement of the victim girl, it appears that the petitioner committed rape with her on the knife point. The petitioner is in jail since 13.05.2024

4. Considering the gravity of offence and nature of accusation against the petitioner, I am not inclined to grant bail to the petitioner.

5. Accordingly, this application for regular bail is dismissed."

4. Learned counsel for the petitioner submits that out of eight witnesses only two have been examined in the trial.

5. Considering the gravity of offence, I am not inclined to grant bail to the petitioner.

6. Accordingly, the application stands dismissed.

7. The Superintendent of Police, Khagaria is directed to ensure the appearance of the witnesses in the trial so that the trial is not delayed.

8. Let a copy of this order be communicated to the Superintendent of Police, Khagaria forthwith through FAX or email for its compliance. (Sandeep Kumar, J) P. Kumar U T