Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47039 of 2022 Arising Out of PS. Case No.-216 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== RAJU MAHTO SON OF LATE DEEP LAL MAHTO R/O VILLAGEBIJBANI, P.S.- GHORASAHAN JITNA, DIST.- EAST CHAMPARAN AT MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-10-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 302, 376, 201, 511 and 34 of the Indian Penal Code and sections 8 and 10 of the POCSO Act.

As per the prosecution case, the dead body of the daughter of the informant was found in the same area from where the petitioner had been seen coming. It appeared that she had been raped, killed and thrown in the river. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 1.2.2022 (Annexure-1). There is no eye witness to the occurrence. The petitioner is in custody since 11.8.2019 and

Patna High Court CR. MISC. No.47039 of 2022(3) dt.12-10-2022 2/2 undertakes to cooperate in the trial.

Heard learned APP for the State.

A report was called for from the learned trial court. As per the report received contained in letter dated 22.9.2022, thirteen witnesses have been examined on behalf of the prosecution.

Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the progress in the trial in the learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial and conclude the same within a period of six months from the date of communication of this order.

(Partha Sarthy, J) Spd/- U T