Vasim Ansari @ Vasim Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5690 of 2024 Arising Out of PS. Case No.-126 Year-2023 Thana- KHIRI MORE District- Patna ====================================================== VASIM ANSARI @ VASIM AKRAM S/O AMJAD ALI @ MD AMJAD ALI R/O VILLAGE- KATKA, P.S- KHIRI MORE, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Khiri More P.S. Case No.126 of 2023 registered for the offence under Section 506 of the Indian Penal Code and Section 8 of the POCSO Act.

3.

Allegation against the petitioner is to have disrobed the pant of the minor daughter of the informant, aged about 10 years and also threatened to beat her in case of crying. 4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.5690 of 2024(3) dt.08-04-2024 2/3 petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there is no eye-witness to the alleged occurrence and he has no concerned with the alleged crime. It is submitted that no any independent witnesses have supported the prosecution version as stated in the FIR. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 28.08.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that the allegation is against this petitioner only. 6.

In view of the submissions, as made above, as it appears from perusal of FIR and impugned order that investigation of this case has already been concluded and the charge-sheet has been submitted and as also cognizance has been taken under Section 354 of the IPC and Sections 10 and 12 of the POCSO Act against this petitioner, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned trial court is directed to conclude the trial within a period of 06 (six) months from the date of receipt of a copy of this order and if the trial could not be concluded

Patna High Court CR. MISC. No.5690 of 2024(3) dt.08-04-2024 3/3 within specified period, the petitioner would be at liberty to renew the prayer for bail of the petitioner before the learned trial court itself and the learned trial court would grant the bail to the petitioner, if the petitioner shall co-operate in trial of this case. (Ramesh Chand Malviya, J) S.Katyayan/- U T