Deepak Pandey @ Buthkuri @ Deepak Kumar @ Bhutkhari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5917 of 2023 Arising Out of PS. Case No.-141 Year-2020 Thana- SURYAPURA District- Rohtas ====================================================== DEEPAK PANDEY @ BUTKHURI @ DEEPAK KUMAR @ BHUTKHARI PANDEY S/O RAJU PANDEY Resident of Village- Kalyani, P.S.- Suryapura, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 05.08.2021 in connection with POCSO Case No.57 of 2020 arising out of Suryapura P.S. Case No. 141 of 2020, F.I.R. dated 27.09.2020 registered for the offence punishable under Sections 341,342,323,376,120(B),34 of the Indian Penal Code and Section 4/8 of POCSO Act, 2012.

Earlier the prayer for bail of the petitioner was rejected vide order dated 06.04.2022 passed in Cr. Misc. No.55377 of 2021. Thereafter, the petitioner has again moved before this Hon'ble Court in Cr. Misc. No.69893 of 2022 which was also dismissed as withdrawn by order dated 14.12.2022

Patna High Court CR. MISC. No.5917 of 2023(4) dt.21-06-2023 2/2 with liberty to file a fresh application before the learned court below.

Vide order dated 01.02.2023, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 14.02.2023 reveals that out of 13 chargesheet witnesses, seven witnesses have already been examined. Learned counsel for the petitioner fairly submits that till date more two witnesses have already been examined altogether out of thirteen, nine witnesses have been examined. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No.57 of 2020 arising out of Suryapura P.S. Case No. 141 of 2020 pending in the court of learned A.D.J.-VII-cum-Exclusive Special Judge, Prevention of Children from Sexual Offences (POCSO)Act, Sasaram.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T