Sonu Singh @ Dig Vijay Singh @ Dug Vijay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53389 of 2017 Arising Out of PS.Case No. -36 Year- 2016 Thana -MAHILA P.S. District- SARAN ======================================================
1. Sonu Singh @ Dig Vijay Singh @ Dug Vijay Singh S/o Munna Singh, Resident of Village-Dhahiyawa Tola, P.S. Chapra Town, District-Saran, Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard.
The petitioner seeks bail in Mahila P.S. Case No. 36 of 2016 registered under Section-376 of the Indian Penal Code and 3, 4 of the POCSO Act.
Earlier prayer for bail of the petitioner was rejected by this court vide order dated 23-03-2017 passed in Cr. Misc. No. 3681 of 2017 with liberty to the petitioner to renew his prayer for bail after six months if no substantial progress is made in the case.
The report as called for from the court below has been received. The court below has submitted that charge has been framed in this case on 09-03-2017 and summons and bailable warrant have also been issued against the witnesses.
The trial court has submitted that the trial is likely to be concluded within three to four months if the prosecution cooperates and produces the witnesses.
Patna High Court Cr.Misc. No.53389 of 2017 (3) dt.03-01-2018 From the nature of allegation levelled against this petitioner in the written report, this court does not find it a fit case for grant of bail. Accordingly, prayer for bail of the petitioner is again rejected. The trial court is directed to conclude the trial within six months from the date of receipt of copy of this order as mentioned by the court below in his report by fixing the trial on day-to-day basis. The trial court will write letter to the Superintendent of Police, Saran in advance about fixing the date for evidence in the case and the Superintendent of Police, Saran will produce the witnesses on the date fixed in the case. The P.P. is also directed to cooperate and take proper steps to produce the witnesses on the date fixed in the case.
In the event, the trial of the petitioner is not concluded within the aforesaid period of six months, the petitioner will be at liberty to renew his prayer for bail in the court below itself, which shall be disposed of by the court below in accordance with law and the court below will give reasons in the order for not disposing of the trial within the aforesaid period. (Sanjay Priya, J) A.K.V./- U T