Banarsi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57314 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- SATHI District- West Champaran ====================================================== BANARSI SAH Son of Late Jamuna Sah Resident of Village - Bhabhta, P.S.- Sathi, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and Mr. Arun Kumar Singh, learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Sathi P.S. Case No. 23 of 2019 registered for the offence under Sections 376 and 506 of the Indian Penal Code and 4/6 of the Protection of Children from Sexual Offences Act (in short the "POCSO Act").

Learned counsel for the petitioner submits that earlier the prayer for regular bail of the petitioner was rejected by this court vide order dated 02.07.2020 passed in Cr. Misc. No. 84653/2019, he is in custody since 24.09.2019 having no criminal antecedent.

Learned A.P.P. for the State opposed the prayer for bail of the petitioner. Learned A.P.P. submits that in this case six prosecution witnesses have already been examined.

Patna High Court CR. MISC. No.57314 of 2021(2) dt.17-11-2021 2/2 Having regard to the submission made on behalf of the State that in this case six prosecution witnesses have already been examined, this court is not inclined to release the petitioner on bail at this stage.

Prayer for regular bail of the petitioner is, thus, refused.

The Trial Court is expected to proceed with the trial by keeping the records on shorter dates in physical court and conclude the trial preferably within a period of six months from the date of communication of this order.

If the trial remains unconcluded for no reason attributable to the petitioner, he may renew his prayer for bail. This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.