Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54374 of 2019 Arising Out of PS. Case No.-145 Year-2017 Thana- NARHATT District- Nawada ====================================================== Raushan Kumar, S/o Subodh Kumar @ Subodh Yadav, Resident of VillagePunthar, P.S.- Narhat, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :
Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 Petitioner seeks regular bail in connection with POCSO Case No. 32 of 2017 arising out of Narhat P. S. Case No. 145 of 2017, registered for the offences under Sections 376 (D) & 305 of IPC and Sections 4, 14 & 17 of the POCSO Act. Earlier prayer for bail of the petitioner was rejected, vide order dated 10.07.2019, passed in Criminal Misc. No. 41114 of 2019.
Submission of learned counsel for the petitioner is that petitioner is in custody for about one and half year and up till now three witnesses have been examined. However, he has admitted up till now the informant has not been examined. Learned APP for the State has opposed the prayer for bail of the petitioner.
Having heard both sides, in view of the allegation of commission of rape and torture, due to which, the deceased
Patna High Court CR. MISC. No.54374 of 2019(2) dt.04-09-2019 2/2 committed suicide, I am not inclined to grant bail to the petitioner. However, since the petitioner is in custody for about one and half year, the learned trial court is directed to expedite the trial and will conclude the same as soon as possible. It is also made clear that if the informant of the case is examined, the petitioner is at liberty to move for bail before the learned court below itself, the same shall be considered by the learned trial court on the basis of materials available on the record and pass appropriate order.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T