Dismissed¶21

Niraj Kumar @ Niraj Kumar Shah @ Niraj Kumar Sah v. The State of Bihar

Patna HC10 May 2024CR. MISC./21672/2024

Case brief

AI extract

What is this about?

Bail refusal; second bail application after rejection in Cr.Misc. No.39404 of 2023 (order dt.18.09.2023); POCSO; Section 376 IPC; Section 6 POCSO Act; Section 161 Cr.P.C. statement; rape of six-year-old victim; alleged confession in case diary para-13; medical report of sexual abuse; custody since 11.01.2023; direction to expedite trial; Patna High Court; Criminal Miscellaneous No.21672 of 2024; decided 10-05-2024; Rajesh Kumar Verma, J.

What did the court decide?

Only direction issued: learned Trial Court to expedite the trial and conclude the same at the earliest; bail prayer itself refused. ¶21

Niraj Kumar @ Niraj Kumar Shah @ Niraj Kumar Sah… — Child Sexual Offences (POCSO) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21672 of 2024

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Arising Out of PS. Case No.-20 Year-2023 Thana- RUPASPUR District- Patna

¶3

======================================================

¶4

Niraj Kumar @ Niraj Kumar Shah @ Niraj Kumar Sah Son of Sandeep Shah @ Sanandi Shah Resident of Village- Banshipur, P.S.- Bounsi, District- Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Sharan, Advocate For the Opposite Party/s : Mr.Nand Kishore Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 10-05-2024

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Heard Mr.Alok Kumar Sharan, learned counsel appearing for the petitioner and Mr. Mr.Nand Kishore Prasad, learned Additional Public Prosecutor for the State.

¶13

The petitioner seeks bail, who is in custody since

¶14

11.01.2023 in connection with Rupaspur P.S. Case No.20 of 2023(Spl. POCSO Case No.52 of 2023), F.I.R. dated 10.01.2023 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 6 of POCSO Act.

¶15

Earlier the prayer for bail of the petitioner was rejected vide order dated 18.09.2023 passed in Cr.Misc. No.39404 of 2023.

¶16

It appears from the FIR that the allegation against the petitioner is that he committed rape upon the victim, who is only six years old and apart from that, the statement of the

¶17

Patna High Court CR. MISC. No.21672 of 2024(3) dt.10-05-2024 2/2

¶18

victim was recorded under Section 161 Cr.P.C. in para-6 of the case diary in which she has fully supported the case of the prosecution and the petitioner has also confessed his guilt in para-13 of the case diary and the medical report of the victim also suggests that she has been sexually abused by the petitioner.

¶19

Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

¶20

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Rupaspur P.S. Case No.20 of 2023(Spl. POCSO Case No.52 of 2023), pending in the court of learned Additional District and Sessions JudgeVII-cum-Exclusive Special Court (POCSO) Patna.

¶21

Prayer is refused.

¶22

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest.

¶23

(Rajesh Kumar Verma, J)

¶24

Nitesh/-

¶25

U T

Niraj Kumar @ Niraj Kumar Shah @ Niraj Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niraj Kumar @ Niraj Kumar Shah @ Niraj Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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