Ajay Mahto @ Ajay Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47927 of 2016 Arising Out of PS.Case No. -290 Year- 2013 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== AJAY MAHTO @ AJAY KUMAR MAHTO, son of Jadu Mahto resident of village Kotwa Ojha Tola P.S. Kotwa, East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-11-2016 Heard Mr. Dhananjay Kumar for the petitioner and Mr. Sanjay Kumar Singh, APP for the State.
The petitioner is an accused of Kesariya P.S. Case No. 290 of 2013 registered under section 366-A/34 IPC. It is stated that charges have been framed under section 376 IPC and section 6 of the Protection of Children from Sexual Offences Act. The petitioner is stated to be in custody since 08.05.2014. It is further stated that the victim girl married the petitioner on her own free will. She has attained the age of understanding.
Counsel for the State, on the other hand, submits that in her statement recorded under section 164 Cr. P.C. the victim girl has fully supported the prosecution case. The age, according
Patna High Court Cr.Misc. No.47927 of 2016 (3) dt.24-11-2016 2/2 to the medical assessment, is between 16 and half years to 17 and half years.
The status report was called for which is placed at Flag-A wherefrom it appears that the trial has already commenced inasmuch as 04 out of 10 charge-sheet witnesses, including the victim girl, have been examined.
Considering the facts and circumstances of the case, this Court, for the present, is not inclined to extend the petitioner the privilege of bail. Prayer is accordingly rejected. However, if the prosecution fails to examine all the prosecution witnesses within 05 months from the date of receipt/communication of this order, the petitioner shall have liberty to renew his prayer for bail in the court below itself. (Kishore Kumar Mandal, J) HR/- U T