Patna High CourtCR. MISC./24622/2016rejected

Fokil Mandal v. The State Of Bihar

2016-06-01Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24622 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -MAHILA P.S. District- LAKHISARAI ====================================================== Fokil Mandal, son of late Dhebu Mandal, resident of village-Mahisona, P.S.-Piri Bazar, District-Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Y.C. Verma, Sr.Adv. Mr. Parmanand Pd. Nr. Sahi, Adv.

For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Section 376 of the Indian Penal Code as also under Section 4 of The Protection of Children from Sexual Offences Act, 2012.

Taking into consideration the nature of allegation as disclosed in the FIR vide Annexure-1 and also taking into consideration the fact that the petitioner is the sole accused named in the FIR vide Annexure-1 with an allegation of subjecting a minor girl aged about 11 years to sexual assault, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail at this stage. Accordingly, his prayer for bail in connection with Lakhisarai Mahila P.S. Case No.11 of 2016 pending in the court of learned Additional Sessions Judge-1st, Lakhisarai is rejected for the present.

The learned trial court is directed to expedite the trial of the petitioner and all endeavours should be made to conclude the same at an early date preferably within a period of one year from

Patna High Court Cr.Misc. No.24622 of 2016 (2) dt.01-06-2016 the date of receipt/production of a copy of this order. However, if the trial of the petitioner is not concluded within the aforesaid period of one year, then he shall be at liberty to renew his prayer for bail.

(Birendra Prasad Verma, J) Arvind/- U T