Patna High CourtCR. MISC./48175/2014rejected

Vikesh Kumar @ Bhalu v. The State Of Bihar

2015-02-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48175 of 2014 Arising Out of PS.Case No. -151 Year- 2013 Thana -RAJAULI District- NAWADA ====================================================== Vikesh Kumar @ Bhalu, Son of Binod Singh, resident of village- Karigoan, P.S.- Rajauli, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Deo Singh For the Opposite Party/s : Mr. Umanath Mishra, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-02-2015 Heard.

The petitioner seeks bail in a criminal prosecution registered under Section 376 of the Indian Penal Code as also under Section 6 of The Protection of Children from Sexual Offences Act, 2012.

Taking into consideration the fact that the petitioner is alleged to have committed the offence of rape with a minor girl aged about three and half years and further taking into consideration the fact that there is direct allegation of commission of crime in the FIR against him under POCSO Act, his prayer for bail in connection with Special Case No.01/13 arising out of Rajauli P.S. Case No.151 of 2013 pending in the court of learned Special Judge-cum-Additional Sessions Judge-1st, Nawada is hereby rejected.

However, learned trial court is hereby directed to take up the trial of the petitioner on priority basis and all endeavour should be made to conclude the same at an early date preferably within a period of one year from the date of receipt/production of a copy of

Patna High Court Cr.Misc. No.48175 of 2014 (2) dt.20-02-2015 this order. If the trial of the petitioner is not concluded within the aforesaid period of one year without there being any fault on the part of the petitioner, he shall be at liberty to renew his prayer for bail before the learned trial court itself.

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