Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6586 of 2023 Arising Out of PS. Case No.-534 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Manish Kumar S/O Suresh Mahto Resident of Village- Jhanakpur, P.S.- Barachatti (Mohanpur), District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Jee Mishra, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376(d), 354(d), 506/34 of the Indian Penal Code, Section 6 of the POCSO Act as well as 3(i) (r)(w), 3(2)(v) of the SC/ST Act.

Earlier the prayer for bail of the petitioner was rejected vide order dated 04.04.2022 passed in Cr. Misc. No. 52446 of 2021.

The present bail petition has been filed on behalf of the petitioner on the ground that the petitioner is in custody since 02.09.2020 and the trial is not concluded. It appears from the impugned order itself that out of nine prosecution witnesses in the chargesheet, six prosecution

Patna High Court CR. MISC. No.6586 of 2023(2) dt.08-02-2023 2/2 witnesses have been examined and the trial is going on. Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner and submits that it appears from the impugned order that the trial is going on and the same may be concluded in the near future. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Barachatti (Mohanpur) P.S. Case No. 354 of 2020 pending in the Court of learned Exclusive Special Judge POCSO-cum-Addl. Sessions Judge-VII, Gaya.

Prayer is refused.

However, the learned Trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Ibrar//- U T