Patna High CourtCR. MISC./70541/2022bail rejected

Azizulah @ Azizullah v. The State Of Bihar

2022-12-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70541 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== AZIZULAH @ AZIZULLAH S/o Late Zamir Ullah R/o Mohalla- Damaria, P.S.- Gardanibag, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act, 2016. This is the second attempt of the petitioner to seek bail as earlier his prayer for bail was rejected by order dated 29.03.2022 in Cr. Misc. No. 63875 of 2021.

Learned counsel for the petitioner submits that the trial has commenced and the victim has been examined. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the victim has supported the case of the prosecution and, in the

Patna High Court CR. MISC. No.70541 of 2022(2) dt.14-12-2022 2/2 event, if the petitioner is granted bail at this stage, it may be a possibility that he may try to influence the evidence. Considering the submission made by the learned A.P.P., the Court is not inclined to release the petitioner on bail in connection with POCSO Case No. 59 of 2021 arising out of Kishanpur P.S. Case No. 143 of 2021 pending in the Court of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Court, Supaul/successor Court.

Accordingly, prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T