Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43086 of 2018 ======================================================

1. Ashok Mahto S/o Late Moti Mahto, R/o Vill.- Minapur P.S. + P.O.- Hajipur Town, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 09.11.2017 passed in Cr. Misc. No. 48804 of 2017 on merit, in connection with Hajipur Town P.S. Case No. 304 of 2017, registered for the offences punishable under Sections 376 of the Indian Penal Code as well as Section 8, 4 and 12 of the POCSO Act.

Submission of learned counsel for the petitioner that he has been in judicial custody for more than a year and uptil now no witness has been examined and there is no likelihood of conclusion of trial in near future.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to enlarge him on bail, this application

Patna High Court Cr.Misc. No.43086 of 2018 (2) dt.18-07-2018 2/2 is accordingly dismissed.

However, the Trial court is directed to expedite the trial and try to conclude it as early as possible as the petitioner has been in custody since long.

At the same time, Superintendent of Police, Vaishali, Hajipur is directed to take ensure the witnesses in the Trial Court on the date fixed.

(Vinod Kumar Sinha, J) sunil/- U T