Patna High CourtCR. MISC./52325/2015rejected

Dhena Ansari v. The State Of Bihar

2016-05-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52325 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -ISHOPUR District- BHAGALPUR ====================================================== Dhena Ansari Son of Md. Mansoor Ansari resident of Village -Shampur, P.S. Ishipur Barahat, District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhola Prasad, Advocate.

For the Opposite Party : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2016 Heard Mr. Bhola Prasad the learned counsel for the petitioner and the learned APP.

The petitioner has renewed his prayer for bail. Prayer for bail of the petitioner in Sessions Trial No. 181 of 2015, arising out of Ishipur (Barahat) P.S. Case No. 116 of 2014 was earlier rejected vide orders passed in Cr. Misc. No. 6821 of 2015 on 30.03.2015 with a direction to conclude the trial, but the trial has not yet been concluded.

It appears from the report of the learned 1st Additional Sessions Judge-cum-Special Judge (POCSO), Bhagalpur that all the prosecution witnesses except the Investigating Officer have already been examined and the case is pending for examination of the Investigating Officer after 03.12.2015.

Patna High Court Cr.Misc. No.52325 of 2015 (3) dt.04-05-2016 2/2 It has been submitted that even after lapse of four months the Investigating Officer has not been examined. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

However, the trial court is directed to take all efforts for examination of the Investigating Officer and conclude the trial positively within four months from the date of receipt of this order.

The Sr. S.P., Bhagalpur is directed to ensure the attendance of the concerned Investigating Officer on the date fixed for examination so that the trial must be concluded within stipulated period.

Let a copy of this order be communicated through Fax to the court of the learned 1st Additional Sessions Judge-cumSpecial Judge (POCSO), Bhagalpur as well as the Sr. S.P., Bhagalpur for proper compliance of the order of this Court. (Prabhat Kumar Jha, J.) KKSINHA/- U T