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Patna High CourtCR. MISC./24849/2020rejected

Dipak Paswan @ Deepak Paswan v. The State Of Bihar

2021-01-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24849 of 2020 Arising Out of PS. Case No.-534 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Dipak Paswan @ Deepak Paswan (Male) aged about 23 years, son of Sri Dharam Paswan, Resident of Village-Mahamadpur, P.S.-Motipur, District Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jai Prakash Verma, Advocate For the Opposite Party :

Mr.Ram Bilash Roy 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-01-2021 Heard learned counsel appearing on behalf of the petitioner as well as learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Saraiya P.S.Case No.534 of 2019 for the offence under Sections 376 and 109of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. Petitioner is in custody since 17.01.2020.

Considering the materials available on record, the Court is not inclined to grant bail to the petitioner. The prayer for bail is rejected.

Patna High Court CR. MISC. No.24849 of 2020(3) dt.20-01-2021 2/2 However, the court below is directed to expedite the trial and conclude the same on day-to-day basis within a period of six months from the date of receipt/production of a copy of this order.

Senior Superintendent of Police, Muzaffarpur is directed to ensure production of all the prosecution witnesses for their examination so that the trial is concluded within the time as indicated hereinabove.

In the event, despite full cooperation by the petitioner, trial is not concluded within the time as indicated hereinabove, the court below shall release the petitioner on bail on appropriate terms and conditions. The court below is under obligation to furnish reasons for not following the observations made by this Court and submit its report to the Registrar (Vigilance) of this Court.

The application stands disposed of.

Let a copy of this order be communicated to the Registrar (Vigilance) of this Court for appropriate action. (Anil Kumar Upadhyay, J) BT/- U T