Amod Paswan @ Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83693 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Amod Paswan @ Amod Kumar S/O Pakauri Paswan Resident of VillageNagwan, Police Station- Belsar O.P., District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari D/O Arun Paswan R/O Village- Nagwan, P.S- Belsar O.P., Distt.- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar, Advocate Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Belsar O.P. (Vaishali) P.S Case no. 300 of 2023, registered under section 376 of the Indian Penal Code and section 6 of the POCSO Act.

3. As per the prosecution case, the fifteen year old informant states that finding her alone in the house, the petitioner entered into her house, overpowered her and committed rape. On her raising halla, her uncle and aunt came on which the petitioner escaped.

Patna High Court CR. MISC. No.83693 of 2024(3) dt.10-01-2025 2/3

4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 21.3.2024 (Annexure-1) passed in Cr. Misc. no.1308 of 2024. Inspite of the petitioner having remained in custody since 17.7.2023, the trial is still continuing and there is no chance of the same concluding in the near future. The petitioner undertakes to cooperate in the trial.

6. The prayer for bail is opposed by learned A.P.P for the State.

7. A report was called for from the learned trial Court. As per the report received contained in letter dated 23.12.2024, two witnesses have been examined on behalf of the prosecution and the trial is expected to conclude within a period of nine months.

8. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R wherein the petitioner is said to have raped the minor informant together with the trial having commenced in the learned trial Court with two witnesses having been examined on behalf of the prosecution, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Patna High Court CR. MISC. No.83693 of 2024(3) dt.10-01-2025 3/3

9. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T