Pravesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90342 of 2024 Arising Out of PS. Case No.-96 Year-2018 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Pravesh Das S/O Adhik Das R/O Village- Karna, Police station- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjan Kumar S/o Not Known Resident SHO Industrial Area, Police Station, Distt. - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikram Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-02-2025 Heard Mr.Vikram Singh, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 06.03.2022 in connection with POCSO Case No.02/2020 arising out of Industrial P.S. Case No. 96 of 2018, F.I.R. dated 18.07.2028 registered for the offence punishable under Sections 75/82/85 of J.J.Act later on added Sections 120B,201,323,342 and 377 of the Indian Penal Code and Sections 6,9,10,17 of POCSO Act and Sections 75/82/85 of J.J.Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 19.07.2023 passed in

Patna High Court CR. MISC. No.90342 of 2024(3) dt.24-02-2025 2/3 Cr.Misc.No.44090 of 2023.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Allegation against the petitioner is that he sexually abused the minor children who were intellectually disabled children in the premises of Boy's Children Home and charge has been framed against the petitioner under Sections 377 of IPC, Sections 6/10 of POCSO Act and Sections 75/82/85 of J.J.Act.

5. Vide order dated 10.01.2025, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 23.01.2025 reveals that the trial is going on and number of witnesses have been examined and the case is pending for examination of rest of the prosecution witnesses.

6. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and apart from that, the medical report also suggests that the petitioner has committed crime in question in the premises of Boy's Children Home.

Patna High Court CR. MISC. No.90342 of 2024(3) dt.24-02-2025 3/3

7. Considering the nature of allegation against the petitioner as well as medical report, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No.02/2020 arising out of Industrial P.S. Case No. 96 of 2018 pending in the court of learned Exclusive Special Judge POCSO-cum-Additional Sessions Judge-VI, Purnea.

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T