Babul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35680 of 2020 Arising Out of PS. Case No.-94 Year-2016 Thana- BARH District- Patna ====================================================== BABUL KUMAR Son of Ram Badan Singh Resident of Village and P.O.- Khajurar, Barh, P.S.- Bhadaur, Patna, State - Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Anshuman, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Barh P.S. Case No. 94 of 2016 registered under section 366 of the Indian Penal Code. The earlier application for bail of the petitioner was rejected vide order dated 16.8.2018 passed in Cr. Misc. No. 33226 of 2018 taking note of the fact that examination of the prosecution witnesses have been closed and trial was likely to be concluded within a period of one month.

It is submitted by learned counsel for the petitioner that inspite of nearly two years and five months having passed, the trial is yet to be concluded.

A report was called for from the learned Trial Court

Patna High Court CR. MISC. No.35680 of 2020(3) dt.18-01-2021 2/2 vide order dated 21.12.2020, which has been received. As per the report contained in letter no. 474 dated 8.1.2021 of the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO, Patna the prosecution witnesses have been examined, the statement of the accused under section 313 of the Cr.P.C. has been recorded and the defence witnesses have also been examined. As per the report, the trial is expected to conclude within two months.

In view of the facts and circumstances as also the contents of the report dated 8.1.2021, the Court is not inclined to enlarge the petitioner on bail and the same is rejected. Let the learned Trial Court conclude the trial within three months from the date of receipt of a copy of this order. (Partha Sarthy, J) sushma/- U T