Patna High CourtCR. MISC./84127/2023dismissed

Santosh Kumar Yadav v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84127 of 2023 Arising Out of PS. Case No.-371 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Santosh Kumar Yadav Son Of Mahendra Yadav Resident Of VillageKatariya, Ps- Benipatti, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jainagar P.S. Case No. 371 of 2023 dated 03.09.2023, lodged under Sections 363 and 366(A) of the I.P.C. read with Section 8 of the POCSO Act, 2012.

3. As per the prosecution case, the F.I.R. has been lodged against one named accused. The victim was alleged to have been taken by Vivek Kumar Yadav. The victim has said in her statement made under Section 164 of the Cr.P.C. that the petitioner and one another co-accused tried to establish sexual relation with her but they could not succeed.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.84127 of 2023(2) dt.10-01-2024 2/2 petitioner is innocent and has committed no offence. He submits that the petitioner is in custody since 11.09.2023 having clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. Considering the series allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner and therefore, the present bail application is hereby rejected.

7. The Trial Court is directed to expedite the trial as early as possible. If there is no progress in the trial, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) sadique/- U T