Md. Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55526 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -SULTANGANJ District- PATNA ======================================================

1. Md. Pappu, S/o Late Serajuddin, Resident of Baksariya Tola, P.S.- Sultanganj, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-01-2018 Heard both sides.

The petitioner seeks bail in Sultanganj P.S. case No. 171 of 2016 registered under Section 376 of the Indian Penal Code and under Section 4 and 6 of POCSO Act.

The prayer of petitioner for bail was earlier rejected by this court vide order dated 23.03.2017 passed in Cr. Misc. No. 10026 of 2017.

Sri Krishna Prasad Singh, the learned senior counsel for the petitioner, submits that the petitioner is in jail since 23.08.2016 and only one prosecution witness has been examined till date but it appears that there is allegation against the petitioner that he committed rape with a minor girl, who became pregnant. Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.55526 of 2017 (3) dt.03-01-2018 2/2 enlarge the petitioner on bail, at this stage. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order.

The Senior Superintendent of Police, Patna is directed to ensure the attendance of prosecution witnesses of Sultanganj Case No. 171 of 2016 before the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, Patna so that the trial must be concluded within six months.

Let a copy of this order be communicated to the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, Patna as well as the Senior Superintendent of Police, Patna for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T