Md. Aarif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39534 of 2018 Arising Out of PS. Case No.-303 Year-2015 Thana- BALIYA District- Begusarai ====================================================== Md. Aarif, S/o Md. Guddu, R/o -Vill- Chhoti Ballia, Mirdah Toli, P.S.- Ballia, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Shubhesh Pandey, Advocate For the Opposite Party/s :
Sri Bharat Lal, A.P.P.
For the informant :
Sri Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-10-2018 Heard Sri Shubhesh Pandey, learned counsel for the petitioner, Sri Pankaj Kumar Singh, learned counsel for the informant and Sri Bharat Lal, learned Additional Public Prosecutor.
This is 4th attempt for grant of bail on behalf of the petitioner. Petitioner is in custody since 16.01.2016 in connection with POCSO Case No. 17 of 2016 [arising out of Ballia P.S. Case No. 303 of 2015] registered for the offence under Section 363/366(A)/376/34 of the Indian Penal Code, 1860 and Section 3⁄4 of the Protection of Children From Sexual Offences Act, 2012 .
Learned counsel for the petitioner submits that though trial was at the fag end, by way of filing petition under Section
Patna High Court Cr.Misc. No.39534 of 2018(3) dt.03-10-2018 2/2 216 of the Code of Criminal Procedure, 1973 prosecution got the charge amended and thereafter again witnesses are being examined and this is the reason that trial has not come to end till date whereas learned counsel for the informant submits that even after charge was amended the case has already come to end and argument on behalf of the petitioner is already complete and argument in respect of other accused is going on. Considering the fact that the case is at the fag end stage , there is no reason to pass favourable order. The prayer for grant of bail again stands dismissed. (Rakesh Kumar, J) praful/- U T