Mritunjay Kumar @ Tunjay Kumar @ Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53038 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -GHOSI District- JEHANABAD ====================================================== Mritunjay Kumar @ Tunjay Kumar @ Nirmal Kumar, son of Sri Umesh Prasad, Resident of village and Post- Parthu, P.S.- Ekanger Sarai, DistrictNalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Moleshwar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Ghosi P. S. Case No. 107 of 2015 registered under Sections 363 and 366- A of the Indian Penal Code.

Regard being had to the statement of the girl recorded under Section 164 of the Code of Criminal Procedure in which she has alleged that she was raped by the petitioner at Bombay, I am not inclined to grant him bail for the present. Accordingly, the application for bail is rejected.

The learned Chief Judicial Magistrate, Jehanabad is directed to commit the case of the petitioner for trial to the court of

Patna High Court Cr.Misc. No.53038 of 2015 (3) dt.05-02-2016 2/2 Sessions forthwith. Upon commitment of the case, the learned Sessions Judge, Jehanabad is directed to proceed with the trial on day-to-day basis and conclude the same as early as possible, preferably within nine months from the date of framing of charge failing which the petitioner would be at liberty to renew his prayer for bail before the Court below itself and in that circumstance the learned Sessions Judge must assign reason as to why the trial could not be concluded within the stipulated period while disposing of the bail application.

(Ashwani Kumar Singh, J.) Kanchan/- U T