Roushan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44800 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -PARWATTA District- KHAGARIA ======================================================

1. Roushan Mishra S/o Abhinandan Mishra, R/o Vill.- Dumariya Bujurg, P.S.- Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 The petitioner is in custody since 07.03.2018 in connection with POCSO Case No. 06/2018 arising out of Parbatta P.S. Case No. 68/2018, registered for offences punishable under Sections 376 of the Indian Penal Code read with Section 4 of the POCSO Act.

Allegation against the petitioner is of commission of rape upon the informant.

It has been submitted on behalf of the petitioner that the petitioner has falsely been in this case, which will appear from the fact that medical report does not support the prosecution case. Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner by stating that the victim girl named the petitioner in her statement recorded under Section 164 Cr.P.C.

Patna High Court Cr.Misc. No.44800 of 2018 (3) dt.06-09-2018 2/2 Having heard both sides and considering the aforementioned facts and circumstances of the case, I am not inclined to grant privilege of regular bail to the petitioner, however, the learned trial court is directed to expedite and conclude the trial within a reasonable period of time. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T