Ravi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66789 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- AUANGARI District- Nalanda ====================================================== Ravi Paswan Son of Subhash Paswan Village -Sabalpur PS- Aungari Dist -Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Devi W/o Sanjay Paswan Resident of Village-Sabalpur, P.S.-Aungari, District-Nalanda, Pin-803116 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitee Ranjan, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner, Learned Counsel for the Informant and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with POCSO Case No.87 of 2023 Aungari P.S. Case No.60 of 2023 lodged under Section 376 of I.P.C. read with Section 4/6 of the POCSO Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 29.02.2024 passed in Cr. Misc. No.68751 of 2023 with liberty to renew his prayer for bail one year from the date of cognizance.

4. Learned counsel for the petitioner further submits that the cognizance has been taken on 05.08.2023 against the petitioner and thereafter the trial has been commenced against him. He further submits that out of 5 witnesses, only 2 witnesses have been examined and case is pending for adducing evidence

Patna High Court CR. MISC. No.66789 of 2024(3) dt.14-11-2024 2/2 for prosecution. He further submits that there is no likelihood of completion of evidence, therefore the petitioner may be released on bail.

5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that he shall complete the evidence within 3 months.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at present. Therefore, the bail application of the petitioner is hereby rejected.

8. However, it is hereby directed to the Trial Court to conclude the trial within 3 months. If the trial shall not be concluded within 3 months due to latches of the prosecution, then the Trial Court shall released the petitioner on bail imposing its own condition so that he may not evade his appearance during trial.

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