Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40097 of 2016 Arising Out of PS.Case No. -24 Year- 2014 Thana -TEGHRA District- BEGUSARAI ====================================================== Rajiv Kumar Son of Ramfujal Singh R/o Village- Madhurapur Bichal Tola Diyara, P.S. Teghra, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A), 376/34 of the Indian Penal Code and Section 3⁄4 of POCSO Act. There is allegation of kidnapping and rape against the petitioner and the aforesaid fact has been corroborated by the victim in her statement recorded under Section 164 of the Cr.P.C. The victim was minor at the time of alleged occurrence. The report of Superintendent of Police, Begusarai dated 28.10.2016 goes to show that trial of the petitioner is going in full swing and is likely to be concluded in near future.

Accordingly, I am not inclined to release the

Patna High Court Cr.Misc. No.40097 of 2016 (3) dt.18-11-2016 2/2 petitioner on bail and hence, his prayer for bail in connection with POCSO Case No. 44 of 2015 arising out of Teghra P.S. Case No. 24 of 2014 pending in the court of Additional Sessions Judge-1 cum Special Judge, POCSO Act, Begusarai stands rejected. However, the trial court must conclude the trial and proceed with the same in the manner as directed by this court vide order dated 19.09.2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T