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Patna High CourtCR. MISC./38044/2017rejected

Ajay Kumar Mahto @ Ajay Mahto v. The State Of Bihar

2017-10-13Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38044 of 2017 Arising Out of PS. Case No.-290 Year-2013 Thana- KESARIA District- East Champaran ====================================================== Ajay Kumar Mahto @ Ajay Mahto, Son of Jaddu Mahto, Resident of Village- Kotwa Ojha Tola, P.S. Kotwa, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. SRI TARKESHWAR NATH THAKUR ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-10-2017 Heard.

The petitioner has renewed his prayer for bail in POCSO Trial No. 48 of 2015 (arising out of Keshariya P.S. Case No. 290 of 2013 registered under Sections 366A/34 of the IPC in which later charges has been framed under Section 376 IPC). From order dated 24.11.2016 (Annexure-1), it appears earlier his prayer for bail was rejected with observation that he shall have liberty to renew prayer for bail in the Court below after five months if the prosecution fails to examine prosecution witnesses.

From the impugned order, it appears 07 prosecution witnesses have been already examined.

Considering the nature of allegation and the fact that the

Patna High Court Cr.Misc. No.38044 of 2017(2) dt.13-10-2017 2/2 trial is at an advanced stage, the Court is not inclined to allow the application.

Prayer for bail is rejected.

(Kishore Kumar Mandal, J) Pankaj/- U T