Patna High CourtCR. MISC./46036/2018rejected

Md. Mansoor @ Mansoor Alam v. The State Of Bihar

2019-03-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46036 of 2018 Arising Out of PS. Case No.-338 Year-2017 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Mansoor @ Mansoor Alam S/o Late Mohiuddin, Resident of Vill- Haseli Khutti, P.S.- K. Nagar (Sri Nagar), Distt- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar, Advocate For the Opposite Party/s :

Mr.Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Earlier the prayer for bail of the petitioner was refused on 17.01.2018 in Criminal Miscellaneous No.56298 of 2017, for the reason that allegation against the petitioner was of commission of rape, which the victim has supported before the Police.

The report of the learned trial judge reveals that the victim has already been examined in the case along with two other prosecution witnesses. The matter is pending for

Patna High Court CR. MISC. No.46036 of 2018(5) dt.13-03-2019 2/2 examination of the remaining witnesses, including the Investigating Officer and the Doctor.

The Senior Superintendent of Police, Purnea is directed to ensure production of all the charge sheeted witness within four months from the date of receipt/production of copy of this order in connection with K.Nagar (Sri Nagar) Police Station Case No.338 of 2017, pending before the court of learned Special Judge (POCSO), Purnea.

Accordingly, prayer for bail stands refused for the present.

Let a copy of this order be sent to the Senior Superintendent of Police, Purnea.

(Birendra Kumar, J) abhishek/- U T