Mithun Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21400 of 2022 Arising Out of PS. Case No.-175 Year-2018 Thana- NARHATT District- Nawada ====================================================== MITHUN RAJVANSHI S/o Rajendra Rajvanshi R/o village- Babhnaur, P.S.- Narhat, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-07-2022 Heard Mr. Mrigendra Kumar, learned counsel for the petitioner and Dr. Mrityunjaya Kr. Gautam, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Narhat P.S. Case No. 175/2018 registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 08.03.2021 passed in Cr. Misc.18581 of 2020 with liberty to renew his prayer for bail after one year if the trial does not show any progress.

Patna High Court CR. MISC. No.21400 of 2022(4) dt.13-07-2022 2/2 Learned counsel for the petitioner submits that out of nine witnesses, only one witness has been examined but he is not sure as to whether the victim girl has been examined or not.

In view of the fact that it is not clear as to whether the victim girl has been examined or not, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner stands rejected.

However, the petitioner may renew his prayer for bail after three months if the victim girl is not examined in the trial.

(Anil Kumar Sinha, J) S.Ali/- U