Daya Nand Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56764 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- MAHILA PS District- Gaya ====================================================== DAYA NAND MISTRY Son of Late Ramchandra Mistry Resident of Village - Majhiawan, P.S.- Kurtha, Dist.- Arwal, At present Address Primary Health Center, Barachatti, Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 16.07.2019 in connection with POCSO Case No. 70 of 2019 arising out of Gaya Mahila P.S. Case No. 20 of 2019 registered for the offence punishable under Section 376/376(e) of the IPC and Sections 8/9(e)/10 of POCSO Act.

Considering the nature of offence and admittedly the girl is a minor of twelve years of age and offence as described in her statement under Section 164 fall within the category of aggravated sexual assault under Section 9 of the POCSO Act, I am not inclined to grant bail to this petitioner.

It is, accordingly, rejected.

Trial be expedited.

(Anjana Mishra, J) Saif/- U T