Rahul Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.19612 of 2020 Arising Out of PS. Case No.-351 Year-2019 Thana- BHELDI District- Saran ====================================================== RAHUL KUMAR MAHTO Son of Rajkumar Mahto Resident of VillageJagdishpur, P.S.- Maker, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-09-2020 Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Bheldi P.S. Case No. 351 of 2019 registered for the offences punishable under Sections 342, 352 (A)(1)(4), 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that in this case though there are allegations that this petitioner was threatening the minor daughter of the informant and whenever she was going to ease out, the petitioner was taking her and was showing filthy videos and was also physically touching her, however, there is no allegation that the petitioner had been involved in any sexual act and the medical examination report of the victim girl has not found any sign of sexual act or any other kind of injury on her body. It is his further submission that the petitioner has remained in jail for about 10 months.

Patna High Court CR. MISC. No.19612 of 2020(7) dt.30-09-2020 2/2 Learned APP for the State has opposed the prayer for regular bail of the petitioner. It is submitted that in her 164 Cr.P.C. statement, the victim girl has supported the prosecution case and she has narrated the story as to how this petitioner was taking her showing filthy videos and was also touching the private part of the victim girl.

Having regard to the facts and circumstances of the case and taking into consideration the statement of the victim girl made under Section 164 Cr.P.C. and further that the petitioner is in custody only for last 10 months and his release at this stage may affect the course of trial, I am not inclined to grant privilege of regular bail to the petitioner.

Let the trial be expedited. The POCSO Court shall proceed with the trial without granting any adjournment and ensure that the trial is concluded within a reasonable time preferably within a period of six months from the date of receipt/production of copy of this order.

This application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/Avin U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.