Navin Kumar @ Navin Kumar Mehta @ Navin Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4579 of 2021 Arising Out of PS. Case No.-357 Year-2017 Thana- NAWADA District- Nawada ============================================== NAVIN KUMAR @ NAVIN KUMAR MEHTA @ NAVIN MEHTA Son of Sri Jitendra Kumar Mehta Resident of Village- Gonawan, P.S.- Nawada, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-02-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Nawada Town P.S. Case No. 357 of 2017 giving rise to special (POCSO) Case No. 17/17 instituted for the offences under Sections 366(A), 376 (C) of the Indian Penal Code, Section 4 of the POCSO Act and Section 66 (e) and 67 of the Information Technology Act, 2000.

Patna High Court CR. MISC. No.4579 of 2021(3) dt.24-02-2021 2/3 The prayer for bail of the petitioner was earlier rejected thrice vide orders dated 4.12.2017 passed in Criminal Miscellaneous No. 50031 of 2017, 07.09.2018 passed in Criminal Miscellaneous No. 33178 of 2018 and 09.06.2020 passed in Criminal Miscellaneous No. 74723 of 2019.

While rejecting the prayer for bail of the petitioner on 09.06.2020, this Court had directed the Trial Court to conclude the trial positively within a period of four months. This Court on 20.01.2021 had called for a report from the court below about the stage of the case. The report indicates that till the date of sending of such report, the last witness, namely, the I.O. of the case had not been examined.

This cannot go on forever.

However, considering the nature of accusation, I am not inclined to grant bail to the petitioner for the present but the Trial Court is directed to positively conclude the trial within a period of three months from today, failing which, the petitioner shall have the liberty to approach the Trial

Patna High Court CR. MISC. No.4579 of 2021(3) dt.24-02-2021 3/3 Court for grant of bail and in that event the Trial Court would be required to state the reasons for the tardy pace of the trial.

The petition stands dismissed.

(Ashutosh Kumar, J) sunilkumar/- U T