Patna High CourtCR. MISC./65939/2024bail rejected

Ram Sagar Kumar v. The State Of Bihar

2024-12-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65939 of 2024 Arising Out of PS. Case No.-673 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Ram Sagar Kumar S/o Rameshwar Ram Resident of Village - Mathurapur, P.S. - Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sugga Kumari D/o. Shambhu Ram, R/o. Village- Mathurapur, P.S. Turkauliya, Distt. East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard Learned Counsel for the petitioner, Learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with POCSO Trial No.98 of 2023, arising out of Turkauliya P.S. Case No. 673 of 2022, lodged on 12.07.2022, under Sections 363/366/376/504/506/34 of the Indian Penal Code and under Section 4 of the POCSO Act.

3. Learned Counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected with liberty granted to the petitioner to renew his prayer for bail six months after framing of the charge.

Patna High Court CR. MISC. No.65939 of 2024(3) dt.04-12-2024 2/2

4. Learned Counsel for the petitioner submits that a report has been called for. He submits that more than one year has lapsed after observation, therefore, bail may be granted.

5. Learned Counsel for the Opposite Party No.2 submits that he is ready to cooperate in the trial and within one year trial shall be concluded.

6. Learned counsel for the State opposes the prayer for bail and submits that report has been called for.

7. From the report it transpires that the case is fixed at the stage of prosecution witness. Three prosecution witnesses have already been examined and the Trial Court has intimated that there is every likelihood of conclusion of the trial within five moths.

8. As such, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.

(Dr. Anshuman, J) Mkr./- U T