Darbesh Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63617 of 2021 Arising Out of PS. Case No.-285 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== DARBESH MIYAN Son of Late Jalil Miyan Resident of Village - Bahuarwa, P.S.- Sinachari, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Yogapatti Sanichari P.S. Case No. 285 of 2021, registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 and 6 of POCSO Act. The prosecution case as emerging from the FIR is that the sole accused-petitioner, finding the minor daughter of the informant alone, enticed her to his room and established illicit relationship with her.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.63617 of 2021(7) dt.06-12-2022 2/3 this case by the informant. He further submits that the petitioner has been arrested on account of local politics. He also submits that investigation in this case is complete and charge-sheet has already been submitted and even charge has been framed and trial is going on.

The petitioner has been languishing in jail since 30.06.2021.

It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.

However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the allegation is very serious in nature against innocent minor girl.

Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petition on bail at this stage.

The application stands rejected accordingly.

Patna High Court CR. MISC. No.63617 of 2021(7) dt.06-12-2022 3/3 However, Ld. Trial Court is directed to expedite the trial. In case, the trial is not concluded within a period of six months, the petitioner is at liberty to renew his prayer for bail.

The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T