Ashok Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.56265 of 2017 (4) dt.13-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56265 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ashok Prasad S/o Dewan Prasad, R/o Sirauli P.S. Madhuban, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Chakia PS Case No. 3 of 2017 registered under Sections 363 and 366A/34 of the IPC and Section 4 of Pocso Act.

The allegation in brief is that the petitioner kidnapped the informant's daughter, taken her to Delhi, raped her there as stated by the prosecutrix in her statement and the petitioner is said to be Fufa of the victim.

Learned Counsel for the petitioner submits that there is land dispute between the petitioner and the informant and therefore has falsely been implicated.

Learned Counsel for the State submits that the girl is minor, recovered from the house of the petitioner and in her statement stated that she was raped by the petitioner in Delhi. Having considered the aforesaid facts and circumstances the prayer for bail of the petitioner is refused. The trial court is directed to expedite the trial and preferably conclude the same within a period of one year. (Arun Kumar, J.) Snkumar/- U T