Dhiraj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30521 of 2017 Arising Out of PS.Case No. -427 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Dhiraj Kumar Gupta, son of Uday Kumar, resident of Boring Canal Road, Panchmukhi Mandir lane, Tenant in the house of Shiv Shankar Ji, P.S. Shri Krishnapuri, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 02-08-2017 Heard learned counsel for the Petitioner and the State.

Petitioner seeks bail in Shastri Nagar P.S. Case No.427 of 2016 giving rise to Special (POCSO) Case No.128 of 2016 instituted under Section(s) 290, 467, 468, 471/34 Indian Penal Code, Sections 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, Section 8 and 12 of the POCSO Act pending before the 1st Additional Sessions Judge, Patna. Prayer of the petitioner for bail was earlier refused by this Court by order dated 10.05.2017 passed in Cr. Misc. No.23037 of 2017 with liberty to renew the prayer after nine months if no substantive progress is made in the case. A report was called for from the Court below, which has been received. The Court below has mentioned in the report

Patna High Court Cr.Misc. No.30521 of 2017 (4) dt.02-08-2017 2/2 that Charge against the petitioner has been framed in the case on 10.07.2017.

Since prayer of the petitioner was refused vide order dated 10.05.2017 passed in Cr. Misc. No.23037 of 2017 with liberty to renew after nine months if no substantial progress is made, this Court, at this stage, is not inclined to entertain this application for grant of bail.

Prayer of the petitioner for bail is once again rejected.

Petitioner is at liberty to renew his prayer in terms of order dated 10.05.2017 passed in Cr. Misc. No.23037 of 2017. The Trial Court is directed to expedite the trial and try to conclude the same as early as possible preferably within six months from the date of receipt of a copy of this order by fixing the case preferably on day to day basis.

The Trial Court is further directed to send a list of the witnesses fixing specific dates for their examination along with a copy of this order to the Sr. Superintendent of Police, Patna, who is directed to ensure the attendance of the witnesses on the date fixed so that there is no further delay in the trial. (Sanjay Priya, J) JA/- U T