Kamal Lohar @ Prakash Kumar @ Kamal Kumar Lohar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13370 of 2021 Arising Out of PS. Case No.-88 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== KAMAL LOHAR @ PRAKASH KUMAR @ KAMAL KUMAR LOHAR Son of Late Jitu Lohar Resident of Village - Mohalla - Naya Tola, P.S.- Purnea Sadar, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Ranjan Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Vide order dated 10.08.2021, a report was called for in this case. In compliance thereof, a report kept at Flag 'A' dated 18.08.2021 has been sent by the learned Additional District and Sessions Judge- 6th -cum- Special Judge (POCSO Act), Purnea, Bihar stating therein that the charge has been framed in the case on 01.08.2018 and five witnesses including the victim and the Medical Officer have already been examined till now. Further, the informant and Investigating Officer of the case are yet to be examined. For appearance of informant, summon was issued by this Court on 04.12.2020 but inspite of issuance of summon, the informant has not appeared before the court up till now. As such,

Patna High Court CR. MISC. No.13370 of 2021(3) dt.23-09-2021 2/2 the case is pending for the evidence of the informant and I.O. and that at least a period of two months after resuming of physical court is needed for the disposal of the case. Considering the facts mentioned in the report at Flag 'A', I am not inclined to grant bail to the petitioner in connectio with Purnea Sadar P.S. Case No.88 of 2018.

Accordingly, the bail application is hereby dismissed. However, the learned trial court is directed to conclude the trial as expeditiously as possible, preferably within a period of nine months from the date of production of copy of this order. The petitioner and other concerned shall co-operate in the trial.

The Superintendent of Police, Purnea is directed to take steps for production of all prosecution witnesses for their examination, as and when the date is fixed, so that the trial may be concluded within the time indicated herein above. (Anjani Kumar Sharan, J) pallavi/- U T