Patna High CourtCR. MISC./39051/2019bail rejected

Lallu Raut @ Lalu Raut v. The State Of Bihar

2019-07-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39051 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== LALLU RAUT @ LALU RAUT Son of Late Vishnath Raut @ Vishwanath Rai Resident of Village- Vasudevpur, Chandel, P.S.- Mahnar, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.Tr. No. 87/2016, arising out of Mahnar P.S. Case No. 63/2018, instituted for offences under Sections 363, 323, 376/34 of the Indian Penal Code read with Section 4 of POCSO Act.

Earlier prayer for bail of petitioner was rejected on merit by this Court vide order dated 06.10.2018 passed in Cr. Misc. No. 59463/2018.

It is alleged in the written report that petitioner committed rape with five year old daughter of informant. Report from the court below about stage of trial has been received, from which it appears that after framing of

Patna High Court CR. MISC. No.39051 of 2019(3) dt.24-07-2019 2/2 charge one witness has been examined till date. Trial is likely to be concluded within six months.

There is specific allegation against this petitioner of committing rape with five year old daughter of informant. Therefore, this Court is not inclined to grant bail to petitioner. Prayer for bail of petitioner is again rejected. The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt of this order.

Petitioner will be at liberty to renew prayer for bail in the event trial is not concluded within aforesaid period. (Sanjay Priya, J) rakhi/- U T