Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26091 of 2024 Arising Out of PS. Case No.-828 Year-2023 Thana- BEUR District- Patna ====================================================== Pankaj Kumar S/o Late Sadhu Mistri @ Sadhu Sharma R/O VILLAGE MARSUR NAGAR CHHOTI PAHARI WARD NO 19 PS SOHSARAI DISTT NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-10-2024 Heard Mr. Raj Kishore Prasad, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner is in judicial custody in connection with Beur P.S. Case No. 828 of 2023 for the offences punishable under section 376 IPC and section 4, 6 of the POCSO Act, lodged on 13.12.2023 by the informant, Upendra Kumar.

3. As per the prosecution story, the informant alleged that his sister was found missing and when he went to the room of this petitioner, found him in a compromising position. Accordingly, the FIR.

4. As per the case, the girl is mentally abnormal and even during the statement recorded under section 164 CrPC, the

Patna High Court CR. MISC. No.26091 of 2024(6) dt.22-10-2024 2/2 same has been taken note of the concerned court. She, however, was able to communicate to the concerned court that the petitioner has prevailed upon her. The trial has commenced and the informant has been examined.

5. In that background, it would be appropriate that the petitioner faces trial, the bail application stands rejected.

6. Considering the petitioner is in custody for more than ten months, the trial has already commenced, the court concerned is directed to expedite the same and conclude it preferably within a period of six months.

(Rajiv Roy, J) perwez U T