Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62016 of 2019 Arising Out of PS. Case No.-260 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== MITHUN KUMAR Son of Manoj Mandal Resident of Village - Nasopur, P.S.- Sultanganj, dist.- Bhagalpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Usha Devi Wife of Raj Kumar Rai Resident of Village - Gangapur (Nasopur), P.O.- Tilakpur, P.S.- Sultanganj, Dist.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-02-2020 Earlier prayer for bail of the petitioner was rejected by order dated 9.7.2018 passed in Cr.Misc.No. 31226 of 2018 and allegation against him is of committing rape upon a minor girl aged 12 years.

Submission of learned counsel for the petitioner is that he is in custody for two and a half years and there is no substantial progress in the trial.

Heard learned APP, who has opposed the prayer for bail.

Having heard both sides and considering the allegation, I am not inclined to grant bail to the petitioner. However, since the petitioner is in custody for more

Patna High Court CR. MISC. No.62016 of 2019(2) dt.06-02-2020 2/2 than one and a half years, learned trial court is directed to expedite the trial taking it on regular basis, so that the trial may be concluded within a further period of nine months. At the same time, Sr. Superintendent of Police, Bhagalpur is directed to ensure the presence of the witnesses in court on the date fixed. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T