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Patna High CourtCR. MISC./38273/2018rejected

Sahid Ansari v. The State Of Bihar

2018-09-14Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38273 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -PAHARPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Sahid Ansari, Son of Aluraj Ansari @ Aliraj Miyand, Resident of Village + Post- Siswa Bazar, Police Station- Paharpur, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dilip Kumar Tondon, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Paharpur P.S. Case No. 71/2018, registered for the offence punishable under Section 377 of the Indian Penal Code and sections 4, 6 of the P.O.C.S.O. Act. Allegation against the petitioner is that he took away Bhanja of the informant to Maize fields and committed sodomy on him.

It has been submitted that petitioner has falsely been implicated in the case. There is no independent eye-witnesses of the occurrence.

The re-statement of informant is at para 8 who has supported the prosecution case. The statement of witnesses are at

Patna High Court Cr.Misc. No.38273 of 2018 (4) dt.14-09-2018 2/2 para 9, 10 and 13 of the case diary. Charge-sheet has been submitted against the accused.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, the trial court is directed to conclude the trial within the time frame, as stipulated under the P.O.C.S.O. Act. (S. Kumar, J) Vinita/- U T