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Patna High CourtCR. REV./616/2021disposed

Amit Kumar @ Chhotu @ Amit Kumar Pandit v. The State Of Bihar

2022-11-30Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.616 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- BELHAR District- Banka ====================================================== AMIT KUMAR @ CHHOTU @ AMIT KUMAR PANDIT S/o KRISHNA KUMAR PANDIT @ KRISHNADEO PANDIT R/o VILLAGE-BARA, P.S.- BELHAR, DISTRICT-BANKA (UNDER GUARDIANSHIP OF DASRATH PANDIT, FATHER-IN-LAW OF BROTHER OF PETITIONER). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Respondent/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2022 The present revision application has been preferred against the order dated 11.8.2021, passed by the learned Court of Additional Sessions Judge-I-cum-Children Court, Banka in G.R.No. 76 of 2020 (arising out of Belhar P.S.Case No. 211 of 2020), registered against the petitioner and others for the offence punishable under Sections 376, 506/34 of the Indian Penal Code and Section 4 of POCSO Act, whereby and whereunder the learned Special Court (POCSO) has rejected the prayer of the petitioner for grant of bail.

The petitioner is alleged to have allured the victim girl i.e. the informant of the present case and on the pretext of solemnising marriage,

Patna High Court CR. REV. No.616 of 2021(5) dt.30-11-2022 2/3 he had established sexual relationship with the informant whereupon she became pregnant, however, subsequently, the petitioner refused to marry her.

This Court had called for a report from the learned court of Additional Sessions Judge-I-cumChildren Court, Banka in connection with G.R.No. 76 of 2020 (arising out of Belhar P.S.Case No. 211 of 2020) with regard to the present stage of the trial and the time likely to be consumed in completion of the same and in pursuance thereof, a report has been furnished, vide letter dated 5.11.2022, wherein it has been stated that the case is pending only on account of nonexamination of the defence witnesses, who are not being produced by the accused i.e. the petitioner herein, however, in case, the parties and their counsels cooperate, the trial can be concluded expeditiously.

In aforesaid view of the matter, I deem it fit and proper to direct the petitioner to cooperate in conclusion of the ongoing trial as also direct the

Patna High Court CR. REV. No.616 of 2021(5) dt.30-11-2022 3/3 learned Court of Additional District & Sessions Judge-I, Banka to conclude the trial within a period of six months from today.

The petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Ajay/- U T