Pinku Singh @ Pinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25398 of 2019 Arising Out of PS. Case No.-10 Year-2017 Thana- JAKKANPUR District- Patna ====================================================== Pinku Singh @ Pinku Kumar Son of Late Lalan Singh Resident of VillageSara, P.S.- Tarari, District- Bhojpur, A/P Marwari Basa Hotel, Mithapur Bus Stand, P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 377 of the Indian Penal Code, section 4 of POCSO Act and section 37(b) of Bihar Prohibition & Excise Act, 2016. Prosecution case in short is that the petitioner being in drunken state came to the house of the informant and took her 2 years 7 months child. Allegedly, he was doing unnatural act with the child.

Earlier prayer for bail of the petitioner was rejected by a coordinate bench (then His Lordship was) of this court vide Annexure-1 to this application taking into account that the petitioner had committed an offence upon hardly two years old

Patna High Court CR. MISC. No.25398 of 2019(6) dt.27-09-2019 2/2 child for offence under Section-377 of the Indian Penal Code. The report has been received from the court below regarding the stage of the case. From the report, it appears that two witnesses have already been examined on behalf of the prosecution. The trial is expected to be concluded within a period of six months.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Jakkanpur P.S. Case No. 10 of 2017 is rejected.

Learned trial court is directed to take all possible steps to expedite the trial and conclude the same preferably within a period of six months from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T