Kanhaiya Ray @ Kanyai Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34419 of 2017 Arising Out of PS.Case No. -183 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Kanhaiya Ray @ Kanyai Ray, son of Late Banke Ray, resident of village Kunchav, P.S. Garkha, District Saran at Chapra .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shambhu Prasad Yadav For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Garkha P.S. Case No. 183 of 2017 registered for the offences punishable under Sections 376/511 of the Indian Penal Code and 3/4 of POCSO Act.

Allegation against the petitioner is of committing rape upon minor daughter of informant.

Submission of learned counsel for the petitioner is that he has falsely been implicated and the victim girl is major and he is in custody since 30.4.2017.

Heard learned APP and learned counsel for the informant, who have opposed the prayer for bail stating that there is direct allegation against the petitioner and it is informed by learned counsel for the informant that charge has been framed in

Patna High Court Cr.Misc. No.34419 of 2017 (3) dt.04-09-2017 2/2 this case.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and try to conclude it within a period of five months. If trial is not concluded within the said period, petitioner may renew his prayer for bail.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U