Surendra Kumar Mirdha@ Surendra Mirdha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52321 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -MAHILA P.S. District- PURNIA ====================================================== Surendra Kumar Mirdha @ Surendra Mirdha, Son of Elaichi Mirdha, resident of village - Darmahi, Chandwa, P.S. Falka, District - Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nawal Kishor Singh, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-01-2017 The petitioner seeks bail in connection with Special Case No. 35 of 2015 arising out of Mahila P.S. Case No. 43 of 2015 registered under Sections 376(2)(i) of the Indian Penal Code and sections 3, 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 19.05.2016 passed in Cr. Misc. No. 21729 of 2016.

It is contended by the learned counsel for the petitioner that though the petitioner is in custody since 11th July, 2015 and charges were framed against him on 16th of February, 2016, no prosecution witness has been produced before the trial court on behalf of the prosecution.

Patna High Court Cr.Misc. No.52321 of 2016 (2) dt.11-01-2017 2 / 2 Be that as it may, regard being had to the serious nature of allegation that the petitioner bodily lifted a minor girl aged about ten years and ravished her, I am not inclined to take a different view of the matter. Accordingly, the prayer for bail is rejected.

The learned 1st Additional Sessions Judge-cumSpecial Judge, Purnea is directed to take up the trial of the petitioner on priority basis and conclude the same as early as possible. The Superintendent of Police, Purnea is also directed to produce the prosecution witnesses before court below without any further delay.

Registry is directed to communicate a copy of the order to the Superintendent of Police, Purnea and the court below forthwith.

In case the trial is not completed within one year from the date of receipt/production of a copy of the order, the petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Ashwani Kumar Singh, J.) Sanjeet/- U T