Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35298 of 2020 Arising Out of PS. Case No.-28 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Mukesh Kumar Singh Son of Chandeshwar Singh Resident of Village- Sirsa, Kanwa Tola, Police Station-Muffasil Katihar, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mandal, Advocate For the Opposite Party/s :

Mr. Aditya Nr. Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 377 of the Indian Penal Code, Section 67 of the I.T. Act and Sections 4/6/14(3) of the POCSO Act in connection with Muffasil P.S. Case No. 28 of 2019.

The report of the trial Judge dated 06.02.2021 reveals that only one prosecution witness has been examined uptil now in spite of direction of this Court vide order dated 12.06.2019 to expedite the trial.

The Superintendent of Police, Katihar, shall ensure production of prosecution witnesses on each and every date fixed before the trial Judge and the trial Judge shall not allow

Patna High Court CR. MISC. No.35298 of 2020(3) dt.24-02-2021 2/2 unnecessary and long adjournment in this case. Considering the nature of allegation against the petitioner of commission of unnatural offence, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused.

(Birendra Kumar, J) Mkr./- U T