Patna High CourtCR. MISC./79028/2023rejected

Mahavir Paswan @Mahabir Paswan v. The State Of Bihar

2024-01-05Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79028 of 2023 Arising Out of PS. Case No.-16 Year-2021 Thana- MAHILA PS District- Gaya ====================================================== Mahavir Paswan @MAHABIR Paswan Son Of Sahendra Paswan Resident Of Village- Manarsa, Ps- Tekari, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-01-2024 Heard Mr. Mrigendra Kumar, learned counsel for the petitioner and Ms. Sharda Kumari, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 02.05.2022 in connection with POCSO Case No. 103 of 2021 , F.I.R. dated 14.05.2021 for the offences punishable under Sections 376(D), 376(AB) of the Indian Penal Code and Section 6 of the POCSO Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 01.05.2023 passed in Cr. Misc. No. 4748 of 2023.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.79028 of 2023(3) dt.05-01-2024 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. Vide order dated 08.12.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 13.12.2023 reveals that the charge has been framed against the petitioner and PW-1 (victim) has already been examined.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the facts and nature of allegation and the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 103 of 2021 arising out of Mahila P.S. Case No. 16 of 2021, pending in the court of learned POCSO-cum-ADJ-VI, Gaya.

8. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

9. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T