Patna High CourtCR. MISC./37400/2017dismissed

Sunil Kumar Jha v. The State Of Bihar

2017-08-24Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.37400 of 2017 (3) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37400 of 2017 Arising Out of PS.Case No. -198 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Sunil Kumar Jha son of Babualal Jha R/o Village - Narika P.S. Tiliouta, Distt - Vaishali at present Railway Quarter Bibiganj Sadar, Distt - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Adv. Mr. Uday Pratap Singh, Adv.

For the State : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Muzaffarpur Sadar P.S. Case No. 198 of 2017 instituted for the offence under Sections377 of the Indian Penal Code and Sections-4, 8, 18, 21 of POCSO Act.

As per written report, this petitioner used to commit unnatural offence with minor son of the informant. The son of the informant did not make complaint earlier as this petitioner used to give articles to him after committing unnatural offence. It is alleged that on 11-04-2017, the father of the informant saw the petitioner, committing unnatural offence with son of the informant and when he went to inquire about the same, the petitioner became

Patna High Court Cr.Misc. No.37400 of 2017 (3) dt.24-08-2017 ready to assault him.

The case diary has been received. The statement of the victim boy recorded u/S 164 of the Cr.P.C. is available in the case diary wherein he has supported the case of committing unnatural offence by this petitioner with him. The injury report is also available in the C.D. wherein the doctor has found lacerated wound situated in posterior side of anus and anal verge. The date of birth of victim boy has been mentioned in his statement u/S 164 of the Cr.P.C. 31-12-2005.

Therefore, this court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail is rejected. The trial court is directed to expedite the trial of the petitioner.

The petitioner is given liberty to renew his prayer for bail after six months in the event, no substantial progress is made in the case in court below.

(Sanjay Priya, J) A.K.V./- U T