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Patna High CourtCR. MISC./31129/2021dismissed

Bholu Rai @ Ashish Rai @ Ashish Kumar Rai v. The State Of Bihar

2021-12-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31129 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- MAHILA PS District- Buxar ====================================================== Bholu Rai @ Ashish Rai @ Ashish Kumar Rai, S/O Shri Ram Ekbal Rai Resident Of Village- Sikraul, P.S.- Rajpur, District- Buxar, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh Mr/s Sudha Chandra Ms. Smirti Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Singh Mr. Parijat Saurav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. The petitioner seeks bail in connection with POCSO Case No.43 of 2020 arising out of Rajpur P. S. Case No.108 of 2020, instituted for the offences under Section 376(D) of the Indian Penal Code read with Section 4 and 6 of the POCSO Act, 2012.

A report dated 27.11.2021 has been received from the learned Court below contained in Letter No.126 of 2021. From perusal of the same, it manifests that out of seven prosecution witnesses, six witnesses have been examined and only one witness Punam Devi is to be examined and the

Patna High Court CR. MISC. No.31129 of 2021(4) dt.23-12-2021 2/2 Headmaster of Utkramit Madhya Vidhalaya Sikraul, Chausa, Buxar, who had issued the certificate regarding the date of birth of the victim, has been noticed to produce the original admission register of the victim in the Court on 01.12.2021. Considering the fact that nearly the trial is over, the Court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner stands rejected.

Since only one witness remains to be examined, it is expected that the trial will be concluded within a period of four months from today.

(Satyavrat Verma, J) vikash/- U T