Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69515 of 2024 Arising Out of PS. Case No.-123 Year-2021 Thana- PURNAHYA District- Sheohar ====================================================== Niranjan Kumar Tiwari Son of Late Kashi Nath Tiwari Resident of Vilalge- Basant Jagjeevan, P.S.- Purnahya, Distt.- Sehohar (Bihar) ... ... Petitioner/s Versus
1. The State of Bihar
2. Uma Devi Wife of sharwan Shahni R/O- Ashogi Chhapra Dhani, P.S.- Puranhya, Distt.- Sheohar (Bihar) ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Koushlendra Narayan, Advocate For the Opposite Party/s : Ms.Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 9 25-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in a case registered for the offences under Sections 342, 376 AB of I.P.C. and Section 6 of the POCSO Act. 3. As per the prosecution case, daughter of the informant was not present in the house and thereafter when the informant went towards the mandir, she found her minor daughter to be bleeding and in unconscious position, she then took her home. Later the victim girl disclosed that the petitioner caught her and forcibly took her to Devi sthan and committed rape upon her. Patna High Court CR. MISC. No.69515 of 2024(9) dt.25-06-2025 2/3
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and no such incident as alleged had occurred. Learned counsel further submits that it was on the ground of village politics that the petitioner has been implicated in this false case. It is lastly submitted that the petitioner has clean antecedent and is in custody since 28.07.2021. 5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that there is allegation upon the petitioner to have committed rape of a minor girl
6. This Court had earlier called for report with regard to the stage of prosecution witnesses and it has been stated by learned trial court that only one witness of F.S.L. is left to be examined. In view of the position that the trial is at its fag end and keeping in view the nature of allegation, I am not inclined to grant bail to the petitioner. 7.
The learned Trial Court is directed to expedite the trial and looking at the fact that this case is related to POCSO Act, the trial must be concluded within a period of two months from today. Patna High Court CR. MISC. No.69515 of 2024(9) dt.25-06-2025 3/3
8. With the aforesaid observation, this application stands dismissed. tusharika/- (Sourendra Pandey, J) U T