Heera Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80734 of 2025 Arising Out of PS. Case No.-137 Year-2023 Thana- BHADAUR District- Patna ====================================================== Heera Sao Son of Sugan Sao Resident of Village - Azagera, Police Station - Bhadaur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Wife of Ishwar Sao Resident of Azagera, P.S.- Bhadaur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Shankar Sinha, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 376AB of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape upon the granddaughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and during trial even the victim has not supported the case of the prosecution, but it has also been submitted that the case has reached at an advanced stage and the report which was called with regard to stage of the case also indicates that five out of

Patna High Court CR. MISC. No.80734 of 2025(3) dt.11-03-2026 2/2 nine witnesses had already been examined, however, learned counsel himself discloses that only the I.O. remains to be examined. He has also submitted that the petitioner is in custody since 02.11.2023 with no criminal antecedent.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

6. Taking into consideration the facts and circumstances and also considering that the case has reached at an advanced stage with only the deposition of the I.O. remaning to be recorded, this Court is not inclined to grant the privilege of bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is hereby rejected in connection with Special (POCSO) Case No.285 of 2023 (arising out of Bahadur P.S. Case No.137 of 2023).

7. However, the learned Trial Court is directed to expedite the trial and conclude the same, preferably, within a period of three months.

(Soni Shrivastava, J) anand/- U T