Patna High CourtCR. MISC./41204/2018dismissed

Kamlesh Manjhi v. The State Of Bihar

2018-09-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41204 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -PIPRA District- PATNA ======================================================

1. Kamlesh Manjhi S/o Late Arjun Manjhi, resident of Village- Behrama, Chakiya Par, P.S.- Pipra, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Kumar, Adv. For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 The petitioner is in custody since 07.12.2017 in connection with Spl (POCSO) Case No. 182 of 2017, arising out of Pipra P.S. Case No. 90 of 2017, registered for offences punishable under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

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

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the medical examination has not yet been done as she has not appeared for the same and petitioner is in custody since 07.12.2017. Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner stating that even in statement recorded under

Patna High Court Cr.Misc. No.41204 of 2018 (3) dt.25-09-2018 2/2 Section 164 Cr.P.C. the victim has named the petitioner. Having heard both sides and in view of the facts and circumstances as stated above, I am not inclined to enlarge the petitioner on bail. This application is accordingly dismissed. However, learned Trial Court is directed to expedite the trial and conclude the same as soon as possible. At the same time Senior Superintendent of Police, Patna is directed to ensure the production of witnesses in the trial court on the date fixed so that the trial can be concluded expeditiously.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T