Rajiv Kumar Rajak @ Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14877 of 2019 Arising Out of PS. Case No.-94 Year-2017 Thana- KOTWALI District- Munger ====================================================== Rajiv Kumar Rajak @ Rajiv Kumar Son of Shri Krishna Rajak Resident of Village/Muhalla - Mirchi Talab (Dhobi Tola), P.S.- Kotwali, Distt - Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the parties.
Earlier the bail of the petitioner was rejected vide order dated 26.09.2018 in Criminal Miscellaneous No. 52066 of 2018 with a direction to the trial Court to conclude the trial of the petitioner within a period of four months and if the trial of the petitioner is not concluded within a period of four months, petitioner would be at liberty to renew his prayer for bail. Petitioner seeks bail in Kotwali P.S. Case No. 94 of 2017 registered for the offence punishable under Sections 363, 366A, 34 and 376 of the Indian Penal Code and Section 3/6 of the POCSO Act.
Allegation against petitioner is of kidnapping the sister
Patna High Court CR. MISC. No.14877 of 2019(3) dt.03-04-2019 2/2 of the Informant and committing rape with her. Case status was called for by this Court and trial court has submitted its report that out of 7 chargesheet witnesses, 5 have already been examined and only 2 witnesses remain to be examined.
Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.
However, trial court is directed to expedite and conclude the trial within 6 months from the date of receipt/production of a copy of the order passed by this Court. (S. Kumar, J) ranjan/- U