Govinda Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1514 of 2024 Arising Out of PS. Case No.-12 Year-2022 Thana- PARSA District- Saran ====================================================== Govinda Kumar S/O Shivpujan Ray VILLAGE- BRAHMPUR, P.S.- PARSA, DIST.- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Earlier, as per order dated 03.04.2023, bail of the petitioner was rejected by this Court and the trial court had directed to conclude the trial within a period of six months, failing which the petitioner will be at liberty to renew his prayer for bail.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner has prayed for regular bail in this case registered for the offence punishable under sections 363, 366, 376 of the Indian Penal Code and Section 4 and 5 of the POCSO Act.
4. It is a case of commission of abduction and rape to
Patna High Court CR. MISC. No.1514 of 2024(3) dt.09-02-2024 2/3 the minor daughter of the informant.
5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case. He has not committed any offence. It is submitted by learned counsel for the petitioner that the victim and the petitioner were in love with each other. As per Para-3 of the bail petition the petitioner has got no criminal antecedent. It is further submitted that during investigation, Doctor found the age of the victim as 20 years.
6. In pursuance of direction of this Court, progress report of this case has been received on 22.01.2024, from which it appears that out of six charge sheeted witnesses, only two witnesses have been examined till now. Learned counsel for the petitioner is submitted that there is no hope to conclude the trial in near future and the petitioner is languishing in custody since long i.e. 30.03.2022.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parsa P.S. Case No. 12 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.1514 of 2024(3) dt.09-02-2024 3/3 Exclusive Special Judge POCSO Saran, at Chapra. (Sunil Kumar Panwar, J) Manishkr/- U T