Ram Pravesh Kumar @ Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48965 of 2022 Arising Out of PS. Case No.-53 Year-2020 Thana- MAHILA P.S. District- Sheikhpura ====================================================== RAM PRAVESH KUMAR @ NIRANJAN KUMAR SON OF SUBODH MAHTO R/O VILLAGE- SANAIYA, P.S.- ARIYARI, DISTRICTSHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Vinay Pd. Singh, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for grant of bail in a case registered under section 376 of the Indian Penal Code and sections 4 and 8 of the POCSO Act.

The earlier application for bail of the petitioner was rejected vide order dated 9.3.2021 (Annexure-1) passed in Cr. Misc. no. 40873 of 2020.

As per the prosecution case, the petitioner is said to have committed rape on the minor informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He is in custody since 6.8.2020 and has no criminal antecedent. The

Patna High Court CR. MISC. No.48965 of 2022(4) dt.16-11-2022 2/2 trial is still continuing and there is no chance of the same concluding in the near future. He undertakes to cooperate in the trial.

A report was called for from the learned trial Court. As per the report received contained in letter dated 1.11.2022 five out of the six chargesheeted witnesses including the victim as also the doctor have been examined and only the investigating officer remains to be examined. Having heard learned counsel for the parties and taking into consideration the nature of allegation together with 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 to conclude the same at the earliest preferably within a period of six months.

(Partha Sarthy, J) avinash/- U T