Mahendra Singh @ Mahendra Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41143 of 2024 Arising Out of PS. Case No.-79 Year-2021 Thana- MAHILA PS District- Buxar ====================================================== Mahendra Singh @ Mahendra Singh Yadav Son of Late Dharamdev Singh Resident of Village - Gowardhanpur, P.S.- Dhansoi, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Advocate For the State :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2024 Heard Mr. Satyapal Singh, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 07.10.2022, in connection with POCSO Case No. 03 of 2023 arising out of Buxar Mahila P.S. Case No. 79 of 2021, FIR dated 03.10.2021 for the offences punishable under Section 376 of the Indian Penal Code and Section 4/6 of the POCSO Act.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 11.07.2023 passed in Cr. Misc. No. 71353 of 2022. Thereafter the petitioner again came to this Court in Cr. Misc. No. 32149 of 2024 which was dismissed as withdrawn vide order dated 26.04.2024 with the liberty to file a fresh application before the learned Court below.
Patna High Court CR. MISC. No.41143 of 2024(3) dt.05-07-2024 2/2
4. Vide order dated 21.06.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 25.06.2024 reveals that out of twelve witnesses, eleven witnesses have been examined and one prosecution witness is to be examined.
5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 03 of 2023 arising out of Buxar Mahila P.S. case No. 79 of 2021 pending in the Court of learned Additional District and Sessions Judge-VI cum Special judge POCSO Act, Buxar.
7. Prayer is refused.
8. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T