Shivam Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35530 of 2020 Arising Out of PS. Case No.-171 Year-2019 Thana- BELA District- Sitamarhi ====================================================== SHIVAM JHA, aged about 21 years, Gender- Male, Son of Sanjiv Kumar Jha, Resident of Village- Gorhari, P.S.- Bela, District- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-12-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Bela P.S. Case No. 171 of 2019, registered for the offence under Section 376(D) /34 of the Indian Penal Code and under Section 3 and 6 of the POCSO Act.

Serious allegation has been made against the petitioner to have committed rape upon the informant-Sunita Kumar, who is aged about 14 years.

Earlier, the petitioner had moved before this Court in Criminal Miscellaneous No.79124 of 2019 and this Court vide order dated 04.12.2019 rejected the prayer for bail of the petitioner.

In such view of the matter, this Court does not find

Patna High Court CR. MISC. No.35530 of 2020(2) dt.21-12-2020 2/2 any merit in this bail petition. Accordingly, the prayer for bail is rejected.

At this stage, learned counsel for the petitioner submits that till date the case has not been committed to the Court of Sessions.

If that be so, this Court directs the Commitment Court to pass appropriate order with respect to commitment of this case and the Presiding Officer will conduct the trial and try to conclude the same within a period of one year after commitment of the case.

(Shivaji Pandey, J) pawan/- U