IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16077 of 2022

Arising Out of PS. Case No.-10 Year-2015 Thana- MAHILA PS District- Gaya

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Lakshman Prasad @ Laxman Prasad S/O Late Deepchand Saw, Resident of

village- Banji, P.S.- Mander, District- Ramgarh (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Krishna Prasad Singh, Sr. Advocate

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

3

30-08-2022

Heard Mr. Krishna Prasad Singh, learned Senior

Counsel appearing on behalf of the petitioner and Mr. Sanjay

Kumar Tiwary, learned A.P.P. for the State.

The prosecution case, in brief, is that petitioner was

posted as physical instructor in City Public School and in course

of training, he took objectionable picture of the victim, who is

student in the said school.

Learned counsel appearing on behalf of the petitioner

submitted that the petitioner has been implicated in this case on

false accusation for committing offence under Sections 354 (C)

and 379 of the Indian Penal Code, Section 11 of the POCSO Act

and Section 66(A), 66(E), 67(A) and 67(B) of the I.T. Act. It is

further submitted that in course of investigation no such

material i.e. mobile phone containing objectionable picture has

Patna High Court CR. MISC. No.16077 of 2022(3) dt.30-08-2022

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been recovered by the Investigating Officer. It is further

submitted that no incriminating article was recovered from the

possession of the petitioner, which leads to disbelieve the

statement of the victim recorded under Section 164 Cr.P.C. The

said fact is supported by the statement of the victim recorded in

course of investigation in paragraph No. 35 of the case diary. It

is further submitted that on examination of the deposition of the

informant, who is the victim, in course of trial, she has not

supported the allegation made under Section 164 Cr.P.C. It is

further submitted that trial has proceeded and almost all the

witnesses have become hostile. The Chargesheet has already

been submitted and the petitioner is in custody since

12.01.2021. In view of the statutory provision contained in

Section 35 of the POCSO Act, a special Court is expected to

complete the trial possible within a period of one year from the

date of taking of the cognizance. In the present case, even after

one year of taking of the cognizance, the trial has not been

concluded till date. In the interest of justice, the petitioner

against whom as would appear from the record the allegation

made against him are prima facie not sustainable and on these

grounds, the petitioner seeks to be released on bail.

Learned A.P.P. appearing on behalf of the State

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vehemently opposed the prayer for grant of bail to the petitioner

and submitted that there are materials which are come in course

of trail, however, he has submitted that the victim herself has

not supported the allegation in course of trial while she was

examined by the trial Court.

Taking into consideration the nature of allegation and

the materials, which has been brought in course of investigation

as well as the evidence of the victim in course of trial shows that

she has completely denied the allegations made in the F.I.R. as

well as in her statement recorded under Section 164 Cr.P.C. The

witnesses have also not supported the allegation made against

the petitioner. There is no recovery of incriminate articles from

the possession of the petitioner or from his house. Prima facie

the petitioner has made out a case to be released on bail.

However, since the trial has proceeded considerably, the learned

trial Cour