Manoj Rai @ Manjja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74074 of 2018 Arising Out of PS. Case No.-199 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Manoj Rai @ Manjja, son of Kuldip Rai, r/o village- Naya Tola, Dadour, P.S.- Bakhtiyarpur, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Prasad Singh, Advocate For the Opposite Party/s :
Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Special Case No.86 of 2018 arising out of Bakhtiyarpur P.S. Case No.199 of 2018 instituted for the offence under Section(s) 376 Indian Penal Code, section 6 of the POCSO Act and section 30(a) of Bihar Prohibition and Excise Act, 2016, pending in the Court of the Additional Sessions Judge cum Special Judge, POCSO, Patna.
It is alleged in the written report that this petitioner took six years old daughter of the informant to a lonely place and gave two bites in her cheek and committed illegal act with her by touching her private parts after keeping her in his lap. The victim girl has given statement under Section 164
Patna High Court Cr.Misc. No.74074 of 2018(2) dt.12-12-2018 2/2 Cr.P.C., wherein, she has narrated entire incident. Statement of the victim is annexed as Annexure-2. The Magistrate has mentioned in the aforesaid statement that victim was scared and, therefore, she did not disclose the name of the accused. In such circumstances, this Court is not inclined to enlarge the petitioner on bail.
Prayer of the petitioner for grant of bail is rejected at this stage.
The Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of copy of this order.
(Sanjay Priya, J) J. Alam/- U T