Cri. Misc. Petitioner challenged committal on a POCSO charge. The single-judge bench rejected bail due to lack of medical evidence and implicated false claims while directing speedy trial completion within nine months.
Bail sought by the petitioner is rejected and they remain in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22318 of 2019
Arising Out of PS. Case No.-515 Year-2018 Thana- BODHGAYA District- Gaya
======================================================
Sanga Priya Bhante @ Sanjay Chaudhary @ Sujoy Chaudhury @ Sanga Priya Son of Krushita Chaudhary Resident of Village - Pali Batisha, Venalashil Para,p.s-Bahela, Kolkata. At present Prasana Jyoti Budhist School and Meditation Center, Mohalla - Mastipur, P.S.- Bodh Gaya, Distt - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Md. Anbzarul Haque Sahara ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 16-08-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in POCSO case No.92 of 2018 arising out of Bodh-Gaya P.S. case No.515 of 2018 registered under Sections 341, 323, 377, 504, 506 of the Indian Penal Code and Sections 4, 6, 8, 10 and 12 of the Prevention of Children from Sexual Offences Act, pending in the court of Additional Sessions Judge 1st-cum-Special Judge (POCSO Act), Gaya.
Allegation is that the petitioner committed unnatural sexual assault with the victims.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.08.2018 and has got no
Patna High Court CR. MISC. No.22318 of 2019(5) dt.16-08-2019 2/3
criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no medical evidence to support the allegations made in the F.I.R.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The victims had come for diksha. Their statement has been recorded under Section 161 of Cr.P.C. The victims belong to north east State. They have supported the allegations made in the F.I.R. The petitioner has subjected the victims to sexual harassment.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
The District Magistrate, Gaya and the Senior Superintendent of Police, Gaya are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.
Patna High Court CR. MISC. No.22318 of 2019(5) dt.16-08-2019 3/3
Let this order be communicated to the District
Magistrate, Gaya and the Senior Superintendent of Police,
Gaya.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused of sexual assault against a child under POCSO and IPC.
Sanga Priya Bhante @ Sanjay Chaudhary @ Sujoy Chaudhury
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
