Nawal Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3373 of 2023 Arising Out of PS. Case No.-313 Year-2022 Thana- DIGHWARA District- Saran ====================================================== Nawal Kishore Singh Son of Late Yogendra Singh R/V- Raipatti Dighwara, P.S- Dighwara, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyanka Singh, Advocate For the Informant : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Informant and learned APP for the State.

Petitioner seeks bail, who is in custody since 11.07.2022 in connection with Dighwara P.S. Case No. 313 of 2022, F.I.R. dated 18.09.2022 registered for the offences punishable under Sections 354B, 354C, 506/34 of the Indian Penal Code, Section 8/10 of the POCSO Act and Sections 67(A), 67(B) of the I.T. Act.

Allegation against the petitioner is that he started instigating the informant's daughter for physical relation and on refusal threatened on phone call. It is further alleged that the petitioner forcibly got prepared nude video and photograph of

Patna High Court CR. MISC. No.3373 of 2023(5) dt.19-05-2023 2/3 the informant's daughter and made viral on social media. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Vide order dated 07.04.2023, a report was called for with regard to the stage of the trial. Report dated 13.04.2023 of the learned Trial court reveals that there are total seven (7) chargesheet witnesses in the present case and out of seven (7), three (3) witnesses have already been examined.

Learned counsel for the Informant submits that after the present report, two (2) prosecution witnesses have already been examined by the learned Court below and now out of seven (7), five (5) witnesses have already been examined. Considering the aforesaid facts and in view of the report of the learned Trial court, I am not inclined to enlarge the petitioner on bail in connection with Dighwara P.S. Case No. 313 of 2022 pending in the Court of learned Additional Sessions Judge-VI-cum-Exclusive Special Judge (POCSO Act), Saran at Chapra.

Prayer is refused.

Patna High Court CR. MISC. No.3373 of 2023(5) dt.19-05-2023 3/3 However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T