Patna High CourtCR. MISC./3301/2019dismissed

Prakash Kumar Bishwas v. The State Of Bihar

2019-03-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3301 of 2019 Arising Out of PS. Case No.-103 Year-2016 Thana- DAGARUA District- Purnia ====================================================== Prakash Kumar Bishwas, son of Ram Krishna Bishwas Resident of VillageJaswa, P.S. Dagaruwa, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-03-2019 The petitioner seeks bail in connection with Dagaruwa P.S.Case No. 103 2016 arising out of Complaint Case NO. 15 of 2016 registered under Sections 313, 376 and 493/34 of the Indian penal Code and 6 of the Protection of Children from Sexual Offences Act.

Earlier prayer for bail of the petitioner was rejected vide order dated 22.06.2018 passed in Cr.Misc. No. 33032 of 2018 and prior to that it was also rejected vide order dated 13.07.2017 passed in Cr. Misc. No. 31554 of 2017.

Allegation against the petitioner is of committing rape and too on the minor girl.

Submission of learned counsel for the petitioner is that firstly, the prayer of bail was rejected with a direction to learned court below to try to conclude the trial within a period of nine

Patna High Court CR. MISC. No.3301 of 2019(4) dt.13-03-2019 2/2 months but trial has not concluded and the petitioner again moved before this Court and again direction was given to the court below to conclude the trial within a period of six months but trial has not concluded and up-till-now only one witnesses has been examined.

Heard learned A.P.P. also.

Having heard both sides and in view of facts and circumstances of the case, I am not inclined to grant privilege of bail to the petitioner. However, considering the fact that petitioner is in custody for more than two years, trial court is directed to conduct the trial on regular basis so that it may be concluded as soon as possible.

At the same time, the Superintendent of Police, Purnea is directed to ensure the presence of witnesses in the court so that trial may be concluded as expeditiously as possible. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) sujit/- U T