Patna High CourtCR. MISC./26671/2017dismissed

Mohit Manjhi And ANR v. The State Of Bihar

2017-06-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26671 of 2017 Arising Out of PS.Case No. -241 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Mohit Manjhi Son of Shiv Shankar Manjhi,

2. Sikandar Manjhi, Son of Kishori Manjhi, Both are Resident of VillageYadupatti, P.S.- Pupri, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The petitioners seek regular bail in connection with Pupri P.S. Case No. 241 of 2016, registered for offences punishable under Sections 376(D), 120(B) and 34 Indian Penal Code and Sections 4, 6, 8 and 10 of POCSO Act.

Allegation against the petitioners is of committing rape on the informant.

It has been submitted on behalf of the petitioners that though there is allegation against the petitioners of committing rape on the informant, however, informant has been examined in this case and she has not identified the petitioners and has not supported the prosecution case and petitioners are in custody since 24.10.2016.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.26671 of 2017 (4) dt.29-06-2017 2/2 Having heard both sides, though the informant has not identified the petitioners in this case, however, it appears that the trial is going on, as such, at this stage, I am not inclined to release the petitioners on regular bail.

However, the trial court is directed to expedite the trial and try to conclude it within a period of three months and if the trial is not concluded within the aforesaid period, the petitioners will be at liberty to renew his prayer for bail in the court below itself.

With the above observation, this application is disposed of .

(Vinod Kumar Sinha, J) sunil/- U T