Kaju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40944 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Kaju Ram Son of Bishun Ram, R/o village- Chitochak, P.S.- Jhajah, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bihpur (Bhawanipur) P.S. Case No.115 of 2017, registered for offences punishable under Sections 366(A) and 376 of the Indian Penal Code as well as Section 4 of POCSO Act. Allegation against the petitioner is of kidnapping and committing rape upon the daughter of the informant. Submission of learned counsel for the petitioner is that petitioner is now ready to marry the victim girl and as such he may be released on bail.

Heard learned A.P.P. also and he opposes the prayer for bail on the ground that the case is not compoundable. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.40944 of 2017 (2) dt.06-09-2017 2 /2 circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months and once the informant and her daughter are examined, the petitioner is at liberty to renew his prayer for bail before the court concerned who will consider the evidence of the victim and his mother and will pass appropriate order without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J.) S.Kumar/- U T