Indrajeet Rai @ Viru Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10997 of 2023 Arising Out of PS. Case No.-364 Year-2020 Thana- GORAUL District- Vaishali ====================================================== Indrajeet Rai @ Viru Rai, Son of Late Kuna Rai, R/O Kritpur Rajaramrai, P.S.- Bhagwanpur, District- Vaishali.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Mahendra Thakur, Advocate.

For the State :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 12-05-2023 The applicant/accused in Crime No.364 of 2020 registered with Police Station-Goroul for the offences punishable under Sections 448, 376 and 511 of the Indian Penal Code as well as under Sections 8,12 and 18 of the POCSO Act, by this application has renewed his prayer for grant of bail. His earlier bail application was rejected on 06.01.2022. The learned counsel for the applicant argued that the applicant is behind bars from September, 2020 and the highest punishment to which he may be entitled is of five years. Uptil now, four witnesses are examined and they are not supporting the prosecution case.

The learned A.P.P. submits that in all, five witnesses are examined.

It is clear that as yet, the victim female child is not

Patna High Court CR. MISC. No.10997 of 2023(3) dt.12-05-2023 2/2 examined. The trial is a part heard trial. Hence, at this stage, the bail cannot be granted. Therefore, the following order: The application is rejected. However, the learned trial court is directed to keep in mind mandate of Section 308 of the Code of Criminal Procedure and to try the instant case on dayto-day basis and to dispose of the same accordingly. (A. M. Badar, J) P.S./-Bhardwaj U T