Patna High CourtCR. MISC./44572/2015dismissed

Raj Kumar Sah v. The State Of Bihar

2015-12-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44572 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -JANKINAGAR District- PURNIA ======================================================

1. Raj Kumar Sah Son of Mahendra Sah Rasident of Village- Sahuriya, Bazar Tola, P.S.-Janki Nagar, Dist.-Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

Petitioner is alleged to have committed rape with the minor victim girl.

It is submitted that the Doctor did not find any sign of rape. A report was called for which has been received in which the learned trial court has stated that the trial of the petitioner is likely to be concluded within ten months. Considering the nature of allegation made against the petitioner I am not inclined grant bail to the petitioner in connection with Special Case No. 40 of 2014 arising out of

Patna High Court Cr.Misc. No.44572 of 2015 (3) dt.16-12-2015 Jankinagar P.S. Case No. 138 of 2014 pending in the court of the learned Additional Sessions Judge-cum-Special Judge, Purnea. This application for bail is accordingly rejected. The trial court is directed to expedite the trial and conclude the same within nine months holding the trial on day to day basis.

The Senior Superintendent of Police, Purnea is also directed to ensure attendance of the prosecution witnesses in the trial court so that the trial must be concluded within nine months.

Let a copy of this order be sent to the learned court below as well as Senior Superintendent of Police, Purnea forthwith for needful.

(Prabhat Kumar Jha, J) Amin/- U