Mintu Singh @ Manish Singh @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL APPEAL (SJ) No.2957 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- SC/ST District- Bhojpur ====================================================== MINTU SINGH @ MANISH SINGH @ MANISH KUMAR Son of Ajay Singh Resident of Village- Kaura, Police Station- Jagdishpur, DistrictBhojpur. ... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr.Binay Krishna, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and Mr. Binay Krishna, learned Special P.P. for the State. Appellant, in the present appeal, is seeking setting aside the order dated 24.06.2021 passed by learned Additional Sessions Judge-VI (POCSO), Bhojpur, Ara in connection with POCSO Case No. 72 of 2020 arising out of Bhojpur (Ara) SC/ST Case No. 75 of 2020 registered for the offence under Section 376D, 506/34 of the Indian Penal Code, Section 4 of the POCSO Act, Section 66(E), 67 and 67(A) of the Information Technology Act and Section 3(i)(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the appellant submits that the F.I.R. has been lodged 15 days after the alleged occurrence and in her statement under Section 164 Cr.P.C. the victim did not

Patna High Court CR. APP (SJ) No.2957 of 2021(3) dt.01-09-2021 2/2 disclose the name of this appellant. Learned counsel for the appellant however informed this Court that the trial is in progress and the victim girl has been examined. Mr. Binay Krishna, learned Special P.P. for the State has opposed the prayer for bail of the appellant. It is submitted that the victim girl had disclosed the name of the appellant in course of her statement under Section 164 Cr.P.C. Considering the facts and circumstances of the case wherein the trial is already in progress and some of the witnesses have been examined, at this stage, this Court is not inclined to release the appellant on bail.

Prayer for regular bail of the appellant is, thus, refused.

No interference is called for. The trial court is expected to conclude the trial as early as possible preferably within a period of six months from the date of communication of this order.

This appeal stands disposed off accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.