Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35306 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- MAHILA PS District- Buxar ====================================================== VIKASH KUMAR Son of Nagendra Pandey @ Nagendra Mishra @ Khuti Mishra Resident of Village - Ranibag Mushar Toli, P.S.- Koran Sarai, Distt - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Buxar ( Mahila) P. S. Case No. 5/19, instituted for the offence under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act. It is alleged in the written report that on the date of occurrence grand daughter of informant, namely, Guriya Kumari, aged about 6 years, was sitting near Darwaja of house and she was working inside the house. In the meantime one Abhishek came in the house and told the informant that petitioner has taken away Guriya Kumari in the farm of Sarso. Informant went towards the farm of Sarso and saw this petitioner was running away from the farm. Informant entered in

Patna High Court CR. MISC. No.35306 of 2019(3) dt.19-07-2019 2/2 the farm and saw Guriya was weeping, who told the informant that petitioner has committed illegal act with her. Case diary has been received.

Learned Addl. P.P. has submitted that victim has given statement under Sections 161 Cr.P.C. and 164 Cr.P.C. In both statement victim has stated that this petitioner after tying her mouth and after loosing her pant committed rape with her. Considering the statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., this Court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of petitioner stands rejected.

Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt/production of copy of this order.

Petitioner may renew prayer for bail in the event trial is not concluded within aforesaid period.

(Sanjay Priya, J) rakhi/- U T