Manish Kumar @ Bauva @ Abinash Kumar @ Bouya @ Manish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70978 of 2018 Arising Out of PS. Case No.-850 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== MANISH KUMAR @ BAUVA @ ABINASH KUMAR @ BOUYA @ MANISH, S/o Chandra Kishore Prasad, @ Chandra Kishor Singh, Resident of Village- Nagrah, P.S.-Naugachia, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kotwali (Jogsar) P.S. Case No.850 of 2017 instituted for the offence under Section(s) 363, 365, 376-D Indian Penal Code, Sections 4/6 of the POCSO Act pending in the Court of the Additional Sessions Judge 1st cum Special Judge, POCSO Act, Bhagalpur.

Prayer of the petitioner for bail was earlier rejected by coordinate Bench of this Court.

A report was called for from the Court below, which has been received, wherein, it is mentioned that case is pending for prosecution evidence. Trial is likely to be concluded within six months.

Patna High Court Cr.Misc. No.70978 of 2018(4) dt.19-02-2019 2/2 In the fard-e-beyan given by the victim herself, there is allegation against the petitioner that this petitioner had kidnapped her while returning from coaching. He kept her confined and committed rape with her. Other boys also committed rape with her while she was in confinement of the petitioner.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is again rejected.

The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible, preferably, within a period of six months from the date of receipt of a copy of this order as stated by the Trial Court by fixing the case on day to day basis, if possible. (Sanjay Priya, J) J. Alam/- U T