Akash Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65255 of 2018 Arising Out of PS. Case No.-69 Year-2017 Thana- DARBHANGA District- Darbhanga ====================================================== Akash Mahto Son of Ashok Mahto @ Ashok Kumar Mahto Resident of Village/Mohalla-Juraman Singh Police Station Town,Distt.-Darbhanga ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha For the Opposite Party/s :
Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2018 Petitioner prays for bail in connection with Town P.S.Case No. 69 of 2017, corresponding to G.R.No.13 of 2017, registered for the offences punishable under Sections 376D of the Indian Penal Code read with Sections 4 & 6 of POCSO Act and Sections 67, 67A & 67B of Information and Technology Act.
Allegation is of committing gang rape on the informant and earlier prayer for bail of the petitioner was rejected vide order dated 18.4.2018 passed in Cr.Misc.No. 22738 of 2018.
Submission of learned counsel for the petitioner is that his prayer for bail was rejected on the ground that prayer for bail of co-accused Sawan Kumar has been rejected by co-
Patna High Court Cr.Misc. No.65255 of 2018(2) dt.06-11-2018 2/2 ordinate Bench of this Court and now the said Sawan Kumar has been granted bail by the court below itself as per direction of this Court as trial has not been concluded within six months and as such he was granted bail.
Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that other co-accused has not been granted bail on merit. Having heard both sides and in the facts and nature of allegation, I am not inclined to grant bail to the petitioner. Hence, prayer for bail is rejected.
However, learned trial court is directed to expedite the trial by conducting it on regular basis and conclude the same as soon as possible.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T