Subodh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71962 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== SUBODH CHAUDHARY Son of Kankar Chaudhary, Resident of VillageAraniya, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Jandaha P.S. Case No. 183 of 2020 registered for offence punishable under section 376 of the Indian Penal Code and sections 4, 8 of the POCSO Act.

As per allegation, the petitioner committed rape upon prosecutrix after gagging her mouth when the prosecutrix was collecting wood from the forest.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.71962 of 2021(3) dt.02-06-2022 2/2 that charges have been framed and five witnesses, including the informant and the prosecutrix herself have been examined, but they did not support the prosecution case.

Per contra, the learned Additional Public Prosecutor has submitted that the prosecutrix, who is aged about 12 years, was sexually ravished by the petitioner and the doctor and the I.O. are yet to be examined.

Considering the above-mentioned facts and circumstances, the learned trial court is directed to take every endeavour to conclude the trial and dispose of the case within a period of six months. If the trial is not concluded by the aforesaid period, the petitioner may, if so advised, renew his prayer for bail.

With these observations/directions, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T