Mahendra Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54064 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -MAHILA P.S. District- SEKHPURA ======================================================

1. Mahendra Sao, Son of Late Shiv Shankar Sao, Resident of Mohalla - Satabigha, P.S. Sheikhpura, District - Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail Mahila PS case no. 45 of 2016, District-Sheikhpura for the offence under Sections 354, 354B, 376, 511 of the Indian Penal Code and Sec. 8, 18 of POCSO Act.

It is submitted on behalf of petitioner that though allegations are under Sections 354, 354B, 376, 511 of the Indian Penal Code but in the statement of victim recorded under Section 164 Cr.P.C. she has not named the petitioner. It is further submitted that petitioner is in custody since 26.09.2016 and charge-sheet has not been submitted.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54064 of 2016 (4) dt.12-01-2017 2/2 Having heard both sides. In view of the seriousness of the allegation, I am not inclined to grant bail to the petitioner. As such, his prayer for bail rejected at this stage. However, lower court is directed to expedite the trial and conclude the same preferably within six months.Otherwise, he may renew his prayer for bail.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T