Babloo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34686 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- DHAMDAHA District- Purnia ====================================================== BABLOO MANDAL Son of Late- Anandi Mandal Resident of VillageMadrouni, P.S.- Dhamdaha, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Special (POCSO) Case No. 06/2018, arising out of Dhamdaha P.S. Case No. 11/2018, instituted for offence under Sections 376 of the Indian Penal Code read with Section 3 and 4 of POCSO Act.

Earlier prayer for bail of petitioner was rejected by this Court on merit vide order dated 10.10.2018 passed in Cr. Misc. No. 54366/2018.

It is alleged in the written report that petitioner has committed illegal act with daughter of informant, aged about five years.

Report from the court below regarding stage of trial has been received wherein it is mentioned that charge has been

Patna High Court CR. MISC. No.34686 of 2019(3) dt.17-07-2019 2/2 framed on 27.11.2018 but not a single witness has been examined till date. It is mentioned in the report that trial is likely to be concluded within six months.

In view of report of court below and nature of allegation levelled against the petitioner, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is again rejected. The trial court is directed to conclude the trial within six months, as mentioned in the report of court below, from the date of receipt/production of copy of this order either by fixing the case on day to day basis or by giving short adjournment and send compliance report.

The petitioner is given liberty to renew the prayer for bail in the event trial is not concluded within aforesaid period. (Sanjay Priya, J) rakhi/- U T