Saurabh Rai @ Hariom Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39161 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -MAHILA THANA District- BEGUSARAI ====================================================== Saurabh Rai @ Hariom Rai Son of Sanjit Rai, Resident of Village- Malti, Police Station- Fulwariya, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate. For the Opposite Party : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard the parties.

The petitioner seeks regular bal in POCSO Case No.69/16 arising out of Mahila P.S. Case No.53 of 2016 for the offence under Section 376 of I.P.C. and Sections 4,8 and 12 of the POCSO Act.

Allegation as per the F.I.R. against the petitioner is of kidnapping and committing rape on the victim girl. Submission of the learned counsel for the Petitioner is that altogether nine witnesses have been examined and turned hostile and no body has identified the petitioner. He is in custody since 7.11.2016.

Heard learned Special A.P.P. also.

In view of the aforesaid submission the victim has not

Patna High Court Cr.Misc. No.39161 of 2017 (2) dt.21-08-2017 2/2 been examined, as such, at this stage I am not inclined to grant bail to the petitioner. However, considering that fact that the trial is at the fag end, the Additional Sessions Judge-1st -cum- Special Judge, POCSO Act, Begusarai, is directed to expedite the trial of the petitioner and conclude the same preferably within six months from the date of receipt of a copy of this order. At the same time, S.P., Begusarai is directed to ensure the production of witnesses on the date fixed so, so that the trial may be concluded within the period is specified.

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