Patna High CourtCR. MISC./53899/2023rejected

Bachcha Prasad @ Dinesh Kumar v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53899 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- JANTA BAZAR District- Saran ====================================================== 1.

Bachcha Prasad @ Dinesh Kumar S/O Vidya Sagar Prasad R/O VillageSaran, Ps. Janta Bazar, Dist. Saran (CHAPRA) 2.

Anuj Prasad S/O Lalbahadur Prasad @ Bahadur Prasad R/O Village- Saran, Ps. Janta Bazar, Dist. Saran (CHAPRA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 377, 506/34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. As per prosecution case, the allegation against the petitioners is that they committed unnatural offence with the informant's son.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have got

Patna High Court CR. MISC. No.53899 of 2023(3) dt.20-09-2023 2/2 no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 17.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioners committed unnatural offence with the informant's son by taking him in a brinjal field. There is direct allegation against the petitioners of committing wrong with the victim and he in his statement recorded under Section 164 of the Cr.P.C., has also supported the prosecution version.

6. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioners, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible (Sunil Kumar Panwar, J) Manishkr/- U T