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Patna High CourtCR. MISC./6879/2016dfd for non appearance

Bikash Kumar Chaudhary @ Vikash Kumar v. The State Of Bihar

2016-04-11Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6879 of 2016 Arising Out of PS.Case No. -515 Year- 2015 Thana -MANER District- PATNA ====================================================== Bikash Kumar Chaudhary @ Vikash Kumar S/o Late Rajendra Chaudhary, R/o Village - Vyapur, Tata Colony, P.S. Maner, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sujeet Kumar Gupta For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 8.

08-02-2017 Heard Sri Sujeet Kumar Gupta, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody since 20-11-2015, has prayed for grant of bail in Maner P.S. Case No. 515 of 2015, corresponding to Special Case No. 149 of 2015, for offence under Sections 376/511 of the Indian Penal Code and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

In this case, earlier a detailed report was called for from the court below, which has been received and kept at flag „B‟. The report dated 2nd February, 2017 indicates that out of 5 witnesses, 4 witnesses have already been examined and the case was fixed for examination of investigating officer. Keeping in view the fact that trial is going on

Patna High Court Cr.Misc. No.6879 of 2016 (8) dt.08-02-2017 2/2 expeditiously, there is no reason to entertain the prayer for bail. The prayer for bail stands rejected.

While dismissing the bail petition, it is desirable to observe that learned court below may take step for expeditious disposal of the case. The Superintendent of Police, Patna is required to ensure production of the witnesses, particularly the investigating officer, as and when required by the learned Trial Judge.

Let a copy of this order be sent to the Superintendent of Police, Patna.

(Rakesh Kumar, J.) Anay U T