Pankaj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9745 of 2015 Arising Out of PS.Case No. -264 Year- 2014 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Pankaj Kumar Sah Son of Narayan Sah R/o Village Sitarampur, P.S,. Sultanganj, District Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur, Advocate. For the Opposite Party/s : Mr. Md . Ansural Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2015 Heard both sides.

The petitioner seeks bail in Sultanganj P.S. Case No. 264 of 2014, registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POSCO Act. Allegation against the petitioner is that he committed rape with a minor girl aged about five years. Learned counsel for the petitioner submits that the petitioner is uncle of the victim. The witnesses have stated that the victim had pain in her private parts, but the doctor examined the victim on the next day and did not find any injury. It appears that there is very specific allegation against the petitioner that the petitioner committed rape with the victim who is aged about 5 years.

Patna High Court Cr.Misc. No.9745 of 2015 (3) dt.06-04-2015 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within one year, if the trial is not concluded within the stipulated period the petitioner may renew his prayer for bail firstly before the court below.

(Prabhat Kumar Jha, J.) KKSINHA/- U T