Bajrangi Sahni @ Siyaram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63579 of 2024 Arising Out of PS. Case No.-36 Year-2022 Thana- MAHILA P.S. District- Vaishali ====================================================== Bajrangi Sahni @ Siyaram Kumar S/o Bipat Sahni, R/o village - Samaspura, P.S. - Lalganj, Distt. - Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Anita Devi W/o Bhim Sahni, R/o vill - Samaspura, Post - Purkhauli, P.S. - Lalganj, Distt. - Vaishali.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-10-2024 Heard Mr. Awadhesh Kumar Pandey, the learned senior counsel for the petitioner and Ms. Nirmala Kumari, the learned Additional Public Prosecutor for the State. 2.

Petitioner seeks regular bail who is in custody since 10.09.2022, in connection with Mahila P.S. Case No. 36 of 2022, FIR dated 08.09.2022, registered for the offences punishable under Sections 376 (D) and 120(B) read with Section 34 of the Indian Penal Code and under Section 6 of the POCSO Act.

3.

Earlier the petitioner has moved before the learned trial Court, Vaishali at Hajipur, which was rejected vide order dated 03.11.2022. Thereafter, the petitioner has moved before

Patna High Court CR. MISC. No.63579 of 2024(3) dt.25-10-2024 2/3 this Hon'ble Court in Cr. Misc. No. 22939 of 2023, which was rejected vide order dated 17.07.2023. The petitioner again moved before this Hon'ble Court in Cr. Misc. No. 23773 of 2024, which was dismissed as withdrawn vide order dated 20.03.2024 with a liberty to the petitioner to move before the learned trial Court. Thereafter, the petitioner moved before the learned trial Court, Vaishali at Hajipur in connection with Mahila P.S. Case No. 36 of 2022, which was also rejected vide order dated 22.06.024.

4.

According to the prosecution case, the petitioner along with Guddu Sahni committed rape upon the minor daughter of the informant, who has also become pregnant. 5.

Vide order dated 04.09.2024, a report was called for with regard to the stage of the trial and report dated 05.10.2024 of the learned trial Court reveals that altogether 10 witnesses have been examined and the case is currently pending for the arguments.

6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

7.

Considering the aforesaid facts and circumstances, the report of the learned trial Court as well as the nature of

Patna High Court CR. MISC. No.63579 of 2024(3) dt.25-10-2024 3/3 allegation levelled in the FIR, I am not inclined to enlarge the petitioner on bail in connection with Mahila P.S. Case No. 36 of 2022, pending in the Court of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Vaishali at Hajipur. 8.

Prayer is refused.

9.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T