Patna High CourtCR. MISC./68955/2024dismissed

Raushan Kumar v. The State Of Bihar

2024-11-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68955 of 2024 Arising Out of PS. Case No.-452 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Raushan Kumar S/O Ashok Chaudhary @ Asok Kumar Resident of VillageNageshwarpur, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar 2.

Prabhu Chaudhary S/o Ram Prasad Chaudhary R/o vill - Dhamnigola, P.S. - Barun, Distt. - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-11-2024 Heard Mr. Binod Kumar Pandey, learned counsel for the petitioner and Mr. Parmanand Prasad, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 17.11.2022, in connection with Barun P.S. Case No.452 of 2022, FIR dated 13.10.2022 for the offences punishable under Sections 341, 323, 504, 366, 366A and 376 of the Indian Penal Code and Section 8/12 of the POCSO Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 08.05.2023 passed in Cr. Misc. No. 10176/2023.

4. Learned counsel for the petitioner outrightly

Patna High Court CR. MISC. No.68955 of 2024(4) dt.26-11-2024 2/2 submits that the petitioner is in judicial custody since 17.11.2022 but the trial is not in progress and as per the mandate of the POCSO Act the trial should be concluded within a year.

5. Vide order dated 27.09.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 07.10.2024 reveals that charge has not been framed as yet due to absence of the other co-accused persons.

6. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case as well as the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Barun P.S. Case No. 452 of 2022 pending in the Court of learned A.D.J.-VI-Cum-Spl. Exclusive Judge (POCSO), Aurangabad.

8. Prayer is refused.

9. However, the petitioner may renew his prayer after framing of the charge.

(Rajesh Kumar Verma, J) ajay/- U T