Patna High CourtCR. MISC./54405/2024dismissed

Mukesh Kumar v. The State Of Bihar

2024-09-20Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54405 of 2024 Arising Out of PS. Case No.-135 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== Mukesh Kumar Son of Suresh Ram R/O Vill.- J.P. Nagar, P.s.- Govindpur, Dist.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Nisha Kumari Daughter of Surendra Ram R/O Vill.- J.P. Nagar, P.s.- Govindpur, Dist.- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Prasad Sinha For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner in connection with Govindpur P.S. Case No. 135 of 2022 instituted for the offence punishable under Section 376(D) of the Indian Penal Code and Section 6 of the POCSO Act.

3. It is submitted by learned counsel for the petitioner that earlier the application for regular bail of the petitioner was rejected vide order dated 05.05.2023 passed in Cr. Misc. No. 36467 of 2022 but the petitioner is renewing his prayer for bail on the ground that the trial has not been concluded as yet and

Patna High Court CR. MISC. No.54405 of 2024(3) dt.20-09-2024 2/2 the petitioner is in custody since 02.05.2022.

4. The application for bail is opposed by learned APP for the State by submitting that the trial is on the verge of its conclusion. Out of nine witnesses, seven witnesses have been examined and only two witnesses are remain to be examined.

5. Considering the above-mentioned facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail and as such, his prayer for bail stands rejected.

6. The trial Court is directed to conclude the trial within a period of six months, failing which the petitioner will be at liberty to renew his prayer for bail.

7. Let a copy of this order be transmitted to the Superintendent of Police, Nawada. He is responsible to ensure the presence of witnesses in the Court below and Court below is directed not to give a date for more than ten days. No witness should be returned un-examined, if turns up for his evidence.

(Nawneet Kumar Pandey, J) Arish/- U T