Ramjee Prasad @ Ramji Prasad @ Ramji Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62663 of 2022 Arising Out of PS. Case No.-796 Year-2017 Thana- DANAPUR District- Patna ====================================================== Ramjee Prasad @ Ramji Prasad @ Ramji Paswan Son of Pannu Lal R/vNamanchak, P.S.- Khagaul, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 07.12.2017 in connection with Special Case No. 183 of 2017, arising out of Danapur P.S. Case No. 796 of 2017, F.I.R. dated 06.12.2017 for the offences punishable under Sections 354A, 354B, 377 of the Indian Penal Code and Section 6 of the POCSO Act.

Allegation against the petitioner is of commission of sexual assault against a minor daughter of the informant aged about nine years, in the school bathroom.

Earlier the bail application of the petitioner was rejected vide order dated 30.07.2018 passed in Cr. Misc. No. 28381 of 2018 and thereafter the petitioner again filed his

Patna High Court CR. MISC. No.62663 of 2022(4) dt.04-04-2023 2/2 regular bail application before this Hon'ble Court but it was again rejected by this Hon'ble Court vide order dated 23.06.2021 passed in Cr. Misc. No. 10519 of 2021. Vide order dated 07.02.2023 a report was called for with regard to the present stage of trial. Report dated 16.02.2023 reveals that the charges were framed under Section 376 of the Indian Penal Code and Section 6 and 8 of the POCSO Act and till date three witnesses have been cross examined by the defence.

In view of the report of the learned Trial Court that the trial is in process.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Special Case No. 183 of 2017 pending in the court of learned Additional Sessions Judge-VII-cum-Special Judge (POCSO), Patna. Prayer is refused.

However, the learned Trial Court is directed to conclude the trial at the earliest.

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