Patna High CourtCR. MISC./48387/2017dismissed

Ashok Singh v. The State Of Bihar

2018-01-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48387 of 2017 Arising Out of PS.Case No. -258 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashok Singh, Son of Late Asharfi Singh, Resident of Village- Bajitpur, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S. Binod Kumar Singh and Satyendra Prasad Singh, Advocates.

For the State : Mrs. Sahin Begum, A.P.P. For the Informant : Mr. J.K. Giri, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is languishing in custody since 14.07.2016 in connection with POSCO Trial No. 21 of 2016, arising out of Madhuban P.S. Case No. 258 of 2015 for the offence registered under Sections 376 of the IPC, 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 The prosecution story, in brief, is that the petitioner committed rape upon the daughter of the informant. Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 50262 of 2016 dated 21.11.2016 with a

Patna High Court Cr.Misc. No.48387 of 2017 (3) dt.03-01-2018 2/2 direction to take necessary steps to expedite the trial. A report was called for from the court below regarding the stage of the case. It has been reported that out of 12 prosecution witnesses, 11 prosecution witnesses have already been examined and the trial is expected to be concluded within a period of three months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with POCSO Trial No. 21 of 2016, arising out of Madhuban P.S. Case No. 258 of 2015, pending in the court of learned Ist Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari.

The court below is directed to take all necessary steps to conclude the trial within a period of three months from the date of receipt/production of copy of this order.

U.K./- (Sudhir Singh, J) U T