Patna High CourtCR. MISC./64237/2021rejected

Pintu Kumar v. The State Of Bihar

2022-08-29Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64237 of 2021 Arising Out of PS. Case No.-462 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== PINTU KUMAR Son of Sudhir Prasad Mandal Resident of VillageNasrathkhanai, P.S.- Lalmatiya (Nathanagar), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case 462/2021 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

As per prosecution case, there is accusation against the petitioner to make an attempt to commit rape upon the victims. It is further alleged that the victims were being tortured again and again and threatened by the petitioner that if they do not fulfill his wish, they would be killed.

Learned counsel for the petitioner submits that the petitioner being a tutor in the present case. During course of investigation all the independent witnesses stated that the

Patna High Court CR. MISC. No.64237 of 2021(5) dt.29-08-2022 2/2 petitioner has been falsely implicated in this case. The petitioner is languishing in custody since 28.08.2021 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and accusation made against the petitioner wherein the victims are to be minor children and same is corroborated with the statement of victim recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

However, the trial court is directed to expedite the trial.

(Alok Kumar Pandey, J) amitkumar/- U T