Patna High CourtCR. MISC./78059/2023dismissed

Ashok Kumar Das v. The State Of Bihar

2024-02-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78059 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== ASHOK KUMAR DAS Son of - Late Arjun Das Resident of Village - Kawlapur Colony, Police Station - Inarwa, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Jha Mr.Umesh Kumar Gupta For the State :

Mr. Rajiv Nayan, APP For the Opposite Party/s :

Mr. Bimlesh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Bettiah Mahila P.S. Case No. 45 of 2023 registered for the offence under Section 376, 341, 342, 323, 504 and 506/34 of the Indian Penal Code and under Section 4 and 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of committing rape upon a minor girl aged about 13 years.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case.

5. It is also submitted by the learned counsel for

Patna High Court CR. MISC. No.78059 of 2023(3) dt.29-02-2024 2/2 the petitioner that the petitioner is in jail since 6.8.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that there is serious allegation of rape upon a minor against the petitioner.

7. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The trial Court is directed to expedite the trial of the petitioner and conclude the same at the earliest. If there is no sufficient progress in the trial due to the fault of the prosecution side then the petitioner may renew his prayer for grant of bail.

(Sandeep Kumar, J) Vikas/- U T