Gore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1174 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Gore Prasad, Son of Late Ramchandra Prasad, resident of VillageDariyapur, P.S.- Manpur, District- Nalanda. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pramod Kumar Sinha For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The appellant seeks regular bail in connection with Mahila P.S. Case No. 58 of 2016, registered for offences punishable under Sections 376(G)/307/323/34 Indian Penal Code and Section 4/8 of POCSO Act and Section 3(i)(x)(xii) and 3(i)(v) of SC/ST Act.

Allegation against the appellant is of commission of rape on the daughter of the informant.

It has been submitted on behalf of the appellant that now the trial has commenced and uptil now five witnesses have already been examined and they have not supported the prosecution story so far allegation against the appellant is concerned and even the prosecutrix has not supported the prosecution story so far this appellant is concerned and the appellant has been in custody for

Patna High Court CR. APP (SJ) No.1174 of 2017 (4) dt.29-06-2017 2/2 last one year.

Heard learned Special P.P.

Having heard both sides, considering the fact that in this case five witnesses have already been examined, as such, learned trial court is directed to expedite the trial and try to conclude it within a period of three months, even conducting the trial on day to day basis, and if the trial is not concluded within the aforesaid period, the appellant will be at liberty to renew his prayer for bail in the Trial Court itself.

At the same time, Superintendent of Police, Nalanda is also directed to ensure production of remaining witnesses in the Court on the date fixed so that the Trial can be concluded expeditiously.

With the above observation this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T