Pawan Kumar Mahto @ Pawan Kumar Singh @ Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4925 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -BABUBARHI District- MADHUBANI ====================================================== Pawan Kumar Mahto @ Pawan Kumar Singh @ Pawan Singh, S/o Ram Vilash Mahto, Resident of Village- Hanuman Nagar (Bathanaha), P.S.- Phulparas District- Madhubani.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 366(A) of the Indian Penal Code and Section 4 of POCSO Act. However, charge sheet was submitted under Sections 366(A) and 376/34 of the Indian Penal Code. Allegation against the petitioner is that he was seen with the victim on a motorcycle. So the informant suspects that the petitioner has kidnapped his daughter for some ulterior motive.

Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application. This is the second attempt made on behalf of the petitioner for grant of bail. A report was called for from the Trial Court. It has

Patna High Court Cr.Misc. No.4925 of 2017 (3) dt.22-02-2017 2/2 been reported that 10 prosecution witnesses are to be examined and the trial is expected to be concluded within a period of 9 months.

Considering the aforesaid facts and circumstances and the allegations made by the victim in her 164 Cr.P.C. statement, I am not inclined to grant bail to the petitioner. The same is rejected in Babubarahi P.S. Case No. 04 of 2016, corresponding to G.R. No. 02 of 2016, pending in the Court of learned 1st Additional Sessions Judge, Madhubani.

However, the Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of 9 months from the date of receipt/production of copy of this order. The District Magistrate, Madhubani and the Superintendent of Police, Madhubani are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below. Let a copy of this order be communicated to the District Magistrate, Madhubani and the Superintendent of Police, Madhubani.

(Sudhir Singh, J) Amit/- U