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Patna High CourtCR. MISC./55313/2018dismissed

Dr. Vijay Kumar @ Vijay Kumar @ Vijay Yadav v. The State Of Bihar

2018-10-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55313 of 2018 Arising Out of PS. Case No.-42 Year-2016 Thana- MAHILA P.S. District- Siwan ====================================================== Dr. Vijay Kumar @ Vijay Kumar @ Vijay Yadav, aged about 36 years. S/o Kedar Chaudhary, R/o Village Orama, P.S. Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kritu Verma For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Siwan Mahila P. S. Case No. 42 of 2016 instituted for the offence under Section(s) 376 Indian Penal Code and Sections 6 and 8 of the POCSO Act, 2012.

Earlier prayer for bail of the petitioner was rejected twice by coordinate Bench of this Court by order dated 23.9.2016 and 23.3.2027 passed in Cr. Misc. no. 38803 of 2016 and Cr. Misc. no. 10644 of 2017.

Learned counsel for the petitioner submits that petitioner is in custody since 24.9.2016 A report was called for from the Court below which has been received. The learned court below has mentioned in the

Patna High Court Cr.Misc. No.55313 of 2018(4) dt.09-10-2018 2/2 report that trial is likely to be concluded within 08 weeks In such circumstances, bail petition is disposed off with direction to the Court below to conclude the same within a period of three month from the date of receipt of copy of this order and send compliance report. In the event, the case is not disposed of within aforesaid period the petitioner will be at liberty to renew prayer for bail in the Court below itself which shall be considered and disposed off on its own merit in accordance with law without being prejudiced by this order. (Sanjay Priya, J) shyambihari/- U T