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Patna High CourtCR. MISC./48236/2019dismissed

Dilip Singh @ Dilip Kumar v. The State Of Bihar

2019-11-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48236 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== DILIP SINGH @ DILIP KUMAR, Son of Lal Babu singh, R/O Sukhrauli P.S. Hasanpura, Distt. Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Dev Singh, Advocate Mr. Shiv Prasad Gupta, Advocate For the State :

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Mahila P.S. Case No. 59 of 2019, disclosing the offences under Sections 376, 323, 506/34 of the Indian Penal Code and Section 6 of POCSO Act.

Considering the seriousness of the offence which is corroborated by the statement of the victim, who is a minor, as recorded under Section 164 of the Cr. P.C., in my opinion, no case for grant of bail is made out at this stage. Learned counsel appearing on behalf of the petitioner has placed reliance on the Medical Report to contend that no offence under Section 376 of the Indian Penal Code can be said to be made out. I do not intend to record any opinion in the present proceeding which relates to grant of regular bail as that

Patna High Court CR. MISC. No.48236 of 2019(4) dt.20-11-2019 2/2 may prejudice the case of the parties at the trial. This application is, accordingly, dismissed.

The Court below is directed to expedite conclusion of trial and ensure that the trial is concluded within a period of six months from the date of receipt/production of a copy of this order. If there is no substantial progress in the trial, the petitioner shall be at liberty to approach this Court, renewing his prayer for bail.

(Chakradhari Sharan Singh, J) S.Ali/- U T