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2025 DAILYLAW 81929 (PAT)

Rohtaj Kumar v. The State of Bihar

CR. MISC./79884/2024 · 2025-01-17

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79884 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Rohtaj Kumar Son of Doman Paswan R/O Village- Sherpur PS- Asthawan District- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. X D/O Late Nawal Paswan, W/O Rohtaj Kumar R/O Vill.- Mehndi Bigha, P.S.- Chandi, Dist.- Nalanda. At Present R/O Village- Sherpur PS- Asthawan District- Nalanda ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Sinha For the Opposite Party/s : Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Asthawan P.S. Case No. 16 of 2024 registered for the offences punishable under Section 376 of the IPC and Sections 4 and 6 of POCSO Act. 3. As per prosecution case, there is allegation against the petitioner who is said to have made illicit relation with the informant/victim on the pretext of marriage. 4. Learned counsel for the petitioner submits that petitioner is in custody since 22.07.2024 and bears no Patna High Court CR. MISC. No.79884 of 2024(3) dt.17-01-2025 2/2 criminal antecedent. He further submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. 5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner and same is supported by statement of victim recorded under section 164 of Cr.P.C. 6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as well as statement of victim recorded under section 164 of Cr.P.C, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner stands rejected. 7. However, the learned trial court is directed to expedite the trial and conclude the same as early as possible. vashudha/- (Alok Kumar Pandey, J) U T