Jay Mangal Gope @ Biral v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26586 of 2017 Arising Out of PS.Case No. -746 Year- 2014 Thana -SHASTRINAGAR District- PATNA ====================================================== Jay Mangal Gope @ Biral, son of Late Munsi Gope, resident of MohallaNand Gaon, Police Station- Shastri Nagar, Dstrict- Patna. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Opposite Party : Mr. Sri Uma Shankar Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 14.07.2016 passed in Cri. Misc. No. 22501 of 2016, on the ground that the petitioner is suffering in custody since 25.01.2016, doctor has not found any sign of rape, some of the witnesses have also stated that due to dispute of land the petitioner is implicated as he is landlord and respondent is the tenant and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the allegation of rape.

Patna High Court Cr.Misc. No.26586 of 2017 (2) dt.19-07-2017 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with Special (POCSO) Case No. 30 of 2016, arising out of Shastri Nagar P.S. Case No. 746 of 2014 pending in the court of learned 1st Additional Sessions Judge, Patna.

However, the learned trail Court is directed to expedite the trial and conclude the same preferably within four months, from the date of receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T