Nikki Rai @ Bhuyan @ Nikki Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21382 of 2020 =====================================================

1. NIKKI RAI @ BHUIYAN @ NIKKI BHUIYAN, (male) aged about 28 years, S/o- Srilal Bhuiyan, P.S.- Mansahi, District- Katihar. ... ... Petitioner

Versus

1. The State of Bihar ... ... Opposite Party ===================================================== Appearance For the Petitioner/s :

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

Mr.Ramnaresh Ray, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2020 Heard Mr. Sanjeev Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ramnaresh Ray, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of regular bail arises out of Mansahi P.S. Case No. 34 of 2018, registered for the offences punishable under Sections 366(A), 364, 506/34 of the Indian Penal Code.

The petitioner had earlier approached this Court seeking regular bail, which was rejected. He has renewed his prayer for bail by filing present application. From the submission advanced on behalf of the petitioner, it transpires that the trial is in progress and the victim has fully supported the case of the prosecution of her kidnapping and sexual assault.

2/3 Learned counsel for the petitioner has submitted that the Investigating Officer has not fully supported the case of the prosecution at the trial.

Be that as it may, since the trial appears to be at advanced stage, considering the gravity of the offence, I am not inclined to grant the petitioner, privilege of regular bail for the present.

This application is dismissed.

The Court expects expeditious disposal of the trial. If there is no perceptible progress in the trial, the petitioner shall be at liberty to renew his prayer for bail after six months. It is directed that defects in the application pointed out by the Registry must be removed within two months from today.

Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which

3/3 shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.

AKASH/- (Chakradhari Sharan Singh, J) U T