Sonu @ Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66273 of 2021 Arising Out of PS. Case No.-52 Year-2017 Thana- ALAMGANJ District- Patna ====================================================== Sonu @ Md. Rizwan, Son of Late Mahboob Alam @ Tunnu, Resident of Village - Pirpash, Alamganj, P.O.- Alamganj, P.S.- Alamganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 52 of 2017 registered for the alleged offences under Sections 341, 323, 354, 504, 34 of the Indian Penal Code, and Section 12 of POCSO Act. The allegation against the petitioner is that he tried to outrage the modesty of the minor girl of the informant. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to some property dispute. The petitioner is in custody since 10.09.2020.

Learned APP opposes the prayer for bail made on behalf

Patna High Court CR. MISC. No.66273 of 2021(3) dt.29-06-2022 2/2 of the petitioner. Learned APP submits that the victim girl has stated in her statement recorded under Section 164 Cr.P.C. that the petitioner forcibly disrobed her and also tried to takeout his clothes.

From perusal of the record, it transpires that case diary and present stage of trial and time likely to be taken in conclusion of the said trial have been called for from the learned court below by the last order dated 12.05.2022 passed in this case. The learned court below has reported that the case is at the stage of prosecution evidence and two more witnesses from the prosecution side are yet to be examined and has further reported that the trial is likely to be completed within 3-4 months.

Having regard to the aforesaid facts and circumstances and further considering the gravity of nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage.

Accordingly, his prayer for bail is rejected. However, if the trial is not concluded within a period of four months, the petitioner may renew his prayer for bail. (Arun Kumar Jha, J) V.K.Pandey/- U T