Shibu Mallick v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40743 of 2019 Arising Out of PS. Case No.-4 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== Shibu Mallick S/o Mahendra Mallik R/o village- Subhankarpur Ratnopatti, P.S.- Town, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bairgania P.S. case No.04 of 2018 registered under Sections 363, 366A/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Sitamarhi.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the victim girl, in her statement recorded under Section 164 of Cr.P.C., had alleged that she was subjected to physical and sexual assault by the petitioner. A report was called for from the court below regarding the stage of trial. It has been reported that the case is fixed for framing of charge and the trial is expected to be

Patna High Court CR. MISC. No.40743 of 2019(4) dt.11-09-2019 2/2 concluded within a period of six months.

Considering the nature of accusation and the stage of the trial, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T