Dhiraj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24264 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -SRI NAGAR District- MADHEPURA ====================================================== Dhiraj Thakur, son of Bindeshwari Thakur, resident of Village - Mangarwara Rahta Tola, Police Station - Srinagar, District - Madhepura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Informant : Mr. Shailendra Kr.Singh, Advocate For the victim girl : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with POCSO Special Case No. 08 of 2016, arising out of Srinagar P.S.Case No. 20 of 2016 registered for the offences punishable under Sections 366A, 323, 376/34 of the Indian Penal Code and 4 of POCSO Act.

Allegation against the petitioner is of kidnapping the victim girl.

It has been submitted on behalf of the petitioner that victim herself has stated in court that she has married the petitioner and she was major at the time of occurrence and petitioner is in custody for 15 months.

Patna High Court Cr.Misc. No.24264 of 2017 (4) dt.10-07-2017 2/2 Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that in this case out of six witnesses five have been examined and case is pending only for evidence of Doctor and for that process has already been issued.

Having heard both sides and considering the aforesaid aspect of the matter, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to conclude the trial within one month. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, who shall consider the same and pass an appropriate order. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U