Munna Pandey Baba @ Akhileshwar Pandey v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1206 of 2017 (4) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1206 of 2017 Arising Out of PS.Case No. -543 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Munna Pandey @ Akhileshwar Pandey, Son of Late Doma Pandey, Resident of Village- Charitarban, Ward No.2, P.S.- Buxar (Town), DistrictBuxar. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bachan Jee Ojha For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The appellant is in custody since 08.12.2016 in connection with Buxar (Town) P.S. Case No. 543 of 2016 registered for offences punishable under Sections 341, 448, 377 of the Indian Penal Code and Sections 3(1)(R), (S) of the SC/ST Act. It has been submitted on behalf of the appellant that though the allegations are unnatural offence committed against the son of the informant but he has not examined by the I.O., and secondly there is no witness come forward during the course of investigation seeing anybody weeping the child even though, the place of occurrence is situated in a busy market. It has been further submitted that this appellant has also been examined by a Medical Board and nothing objectionable has been found on the person of the appellant and he is custody for 6 months.

Patna High Court CR. APP (SJ) No.1206 of 2017 (4) dt.29-06-2017 Heard learned Special P.P. also.

Learned APP has submitted that Medical Board has examined the boy and found evidence of unnatural offence committed against the son of the informant. Further it has been submitted that mother and father of the appellant has also supported the case of the prosecution.

Having heard both sides.

In view of the facts and circumstances of the case, I am not inclined to grant bail to the appellant. However, considering the fact that appellant is in custody since 6 months, learned Spl. Judge is directed to conclude the trial within a period of 6 months. At the same time S.P. Buxar, is directed to ensure the attendance of the witnesses in the trial court on the date fixed so that the trial can be concluded expeditiously.

With the above observation this appeal is dismissed. (Vinod Kumar Sinha, J) siddharth/- U T