Rajkishore Mukhiya @ Jokhu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61847 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajkishore Mukhiya @ Jokhu Mukhiya S/o Bindeshwari Mukhiya @ Bineshar Mukhiya, R/o Mangalpur, P.S.- Sangrampur, Distt.- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offenses Act, 2012.
Allegation against the petitioner is that he had ravished the informant. The informant has supported the allegation under Section 164 Cr.P.C. The petitioner is in custody since 23.01.2017.
On the submission of the learned counsel for the petitioner that the petitioner is suffering from some mental ailment a report was called for from the learned trial Judge wherewith he
Patna High Court Cr.Misc. No.61847 of 2017 (6) dt.16-03-2018 2/2 enclosed the report of the Doctor.
The Doctor has reported that patient is suffering from psychosis undifferentiated disease and after administering medicine, the improvement was noticed with the patient and he has been returned back to jail.
Considering the facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Sangrampur Police Station Case No. 13 of 2017 arising out of POCSO Tr. No. 16 of 2017 pending in the court of learned 1st Additional Sessions Judge, Motihari, East Champaran. Hence, prayer for bail is refused.
Let the learned trial Judge conclude the trial preferably within a period of nine months from today. (Birendra Kumar, J) Kundan/- U T