Navin Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80785 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Navin Kumar Rai, Son of Late Hardev Rai, Resident of Village - Itahar, P.S.- Kusheshwar Asthan, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2020 Petitioner seeks regular bail in connection with POCSO G.R. Case No. 44 of 2019 arising out of Kusheshwar Asthan P.S. Case No. 198 of 2019 registered for the offences punishable under Sections 341, 323, 354(A), 354(B), 504, 506/34 of IPC and Section 8/12 of the POCSO Act. As per prosecution case, petitioner entered inside the house of the informant and tried to commit rape upon her. On hulla, the family members assembled there and on that, threatening the informant, he fled away from the spot. Submission of learned counsel for the petitioner is that there is delay of nine days in lodging the F.I.R. Apart from that matter has been compromised between the parties, which will appear from Annexure 2. Petitioner is in custody for four

Patna High Court CR. MISC. No.80785 of 2019(2) dt.13-01-2020 2/2 and half months.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides, in view of the submissions made above, at this stage, I am not inclined to grant bail to the petitioner. However, one the charge has been framed, petitioner is at liberty to renew his prayer for bail.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T