Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26913 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -MAHILA P.S. District- NAWADA ====================================================== Pankaj Kumar, Son of Dwarika Yadav, resident of Village- Juri, P.S.- Pakari barawan, Dist- Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Nawada Mahila P.S.Case No. 04 of 2017 registered for the offences punishable under Sections 323, 504, 376 of the Indian Penal Code and 4 of POCSO Act.

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

It has been submitted on behalf of the petitioner that medical report does not support the commission of rape and some witnesses have stated in the case diary that petitioner has not committed rape and petitioner is in custody since 27.1.2017. Heard learned APP also.

Having heard both sides and considering the fact that

Patna High Court Cr.Misc. No.26913 of 2017 (2) dt.11-07-2017 2/2 apart from prosecutrix some witnesses have supported the prosecution case and in 164 Cr.P.C statement the victim girl has stated about commission of rape, I am not inclined to grant bail to the petitioner.

However, as petitioner is in custody since long, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same within nine months. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U