Patna High CourtCR. MISC./56525/2019dismissed

Bapjan Rishi @ Babjan Rishi @ Bapjan Rishidev v. The State Of Bihar

2020-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56525 of 2019 Arising Out of PS. Case No.-529 Year-2015 Thana- KHAJANCHI HAT District- Purnia ====================================================== BAPJAN RISHI @ BABJAN RISHI @ BAPJAN RISHIDEV Son of Ghararu Rishi @ Ghararu Rishideo Resident of Village - Vikrampatti, P.S.- K.Hat (Maranga), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 The petitioner seeks regular bail in connection with K. Hat (Maranga) P.S. Case No. 529 of 2019 & Special (POCSO) Case No. 43/2015, registered for offences punishable under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner is of commission of rape on the minor daughter of the informant, who is aged about 4 to 5 years and it further appears from the impugned order that hymen was found ruptured and spermatozoa was found in vaginal swab.

Submission of learned counsel for the petitioner is that he has been in custody since 14.08.2015 and there is no likelihood of conclusion of trial in near future.

Patna High Court CR. MISC. No.56525 of 2019(6) dt.03-03-2020 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances and the serious nature of offence, I am not inclined to enlarge the petitioner on bail, however, since the petitioner has been in custody since long, learned Trial Court is directed to expedite the trial and try to conclude the same within six months.

At the same time, Superintendent of Police, Purnea is directed to ensure the production of witnesses including Investigation Officer in the Trial Court on the dated fixed The Civil Surgeon-cum-the Chief Medical Officer, Purnea is also directed to ensure the production of doctor in the trial court on the date fixed so that the trial can be concluded expeditiously.

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