Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17096 of 2020 Arising Out of PS. Case No.-43 Year-2014 Thana- AANDAR District- Siwan ====================================================== ARJUN SINGH S/o Late Mahanth Singh R/o Village- Gopi Patiawn, P.S.- M.H. Nagar, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner seeks bail in Andar P.S. Case No. 43 of 2014 (POCSO Trial No. 111 of 2019) instituted for the offences under Sections 365, 366(A)/34 of the Indian Penal Code and 6 of POCSO Act in which section 376 IPC was added later on. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case.

This is second attempt for bail made on behalf of the petitioner.

It has been pointed out that the victim has been examined as P.W.-2 in course of the trial. The victim in her deposition during the trial has supported the allegation of abduction-cum-rape.

Patna High Court CR. MISC. No.17096 of 2020(3) dt.30-06-2021 2/2 A report was called for from the Trial Court. It has been reported that out of 7 charge-sheet witnesses, 5 witnesses have already been examined and the trial is likely to be concluded within a period of nine months.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the allegation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at the earliest preferably within a period of seven months from the date of receipt/production of a copy of this order. The District Magistrate, Siwan and the Superintendent of Police, Siwan are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Siwan and the Superintendent of Police, Siwan. (Sudhir Singh, J) Pankaj/- U T