Laxman Ray @ Dukhan @ Dukhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63735 of 2019 Arising Out of PS. Case No.-201 Year-2017 Thana- GORAUL District- Vaishali ====================================================== LAXMAN RAY @ DUKHAN @ DUKHAN RAI Son of Shankar Ray @ Hari Ray Resident of Village - Sundho Dulha, P.S.- Goraul, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha For the Informant :

Mr. Manish Chandra Gandhi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Goraul P.S. Case No. 201 of 2017 for the offences under Section 376 of the Indian Penal Code and 4 and 8 of POCSO Act.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that that the medical report of the victim girl supported the allegations made in the F.I.R.

Patna High Court CR. MISC. No.63735 of 2019(4) dt.16-09-2020 2/2 A report was called for from the Trial Court. It has been reported that all the 11 prosecution witnesses named in the charge-sheet have been examined. The case is pending because the serum report from the F.S.L., Patna has not been received so far. It has further been reported that the trial is expected to be concluded within a period of three months.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner in connection with Goraul P.S. Case No. 201 of 2017. The same is rejected. The Director, F.S.L., Patna is directed to take all necessary steps in respect of the serum report which is to be sent to the Trial Court. Let a copy of this order be communicated to the Director, F.S.L., Patna.

(Sudhir Singh, J) Pankaj/- U T