Patna High CourtCR. MISC./39126/2019bail rejected

Manmohan Prasad v. The State Of Bihar

2019-08-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39126 of 2019 Arising Out of PS. Case No.-552 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== MANMOHAN PRASAD Son of Mohan Prasad Resident of Village-Kumhrar, P.S.-Agamkuan, District-Patna at present District Programme Manager, Mahila Vikas Nigam, Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Hajipur Town P.S. case no. 552 of 2018 instituted for the offence under Section(s) 354A (I) (II)/354B/ 370 (7) 120B and 166 of the Indian Penal Code and Sections 8, 12 and 21 of the POCSO Act, 2012 . Earlier the prayer for bail of the petitioner was rejected by this Court vide order passed in Cr. Misc. no. 68207 of 2018 with direction to trial Court to expedite the trial. Report called for from the court below has been received from which it appears that out of 14 witnesses 11 witnesses have already been examined. The court below has mentioned in the report that trial is likely to be concluded

Patna High Court CR. MISC. No.39126 of 2019(6) dt.28-08-2019 2/2 within a period of 06 months.

In such circumstances, since the trial is at the final stage this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of six months, as mentioned in the report either by fixing the case on day to day basis or by giving short adjournment in the case, from the date of receipt of copy of this order and send compliance report.

Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T