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Patna High CourtCR. MISC./17294/2016rejected

Vikash Kumar v. The State Of Bihar

2016-04-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17294 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -KHAJEKALLAN District- PATNA ====================================================== Vikash Kumar, aged about 22 years, S/o Ratan Das resident of Hazari Mohalla- P.S.- Khajekalan, Distt- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Special (POCSO) Case No. 34 of 2015 arising out of Khajekallan P.S. Case No. 40 of 2015 for offence under Sections 376/34 of the Indian Penal Code and Section 7/8 of the Protection of Children from Sexual Offences Act. Volume has been narrated by the nine and five years old girls that they were living as a tenant and Vikash and his cousin were grand sons of the house owner.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, namely, Vikash Kumar is rejected.

Patna High Court Cr.Misc. No.17294 of 2016 (2) dt.28-04-2016 The court below is directed to conclude the trial of the petitioner as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order.

If the trial is not concluded with the aforementioned period of nine months, the petitioner will be at liberty to renew his prayer for bail.

(Shivaji Pandey, J) Rishi/- U T