Jitu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82302 of 2019 Arising Out of PS. Case No.-32 Year-2016 Thana- RANIYATALAB District- Patna ====================================================== JITU SAO Son of Ram Vinay Sao Resident of Village - Patut, P.S.- Rani Talab, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Rani Talab P.S. Case No. 32 of 2016(Special Case No. 42 of 2016), disclosing the offence punishable under Sections 302, 376, 201/34 of the Indian Penal Code and Sections 6, 8, 10 of the POCSO Act.

The petitioner's application for grant of regular bail was earlier rejected thrice by this Court, as can be seen from the statement made in paragraph 2 of the application. The petitioner has renewed his prayer for bail, who is in custody since 01.04.2016.

By the last order passed in this case, a report from the court below, as regards latest status of the trial arising out of

Patna High Court CR. MISC. No.82302 of 2019(5) dt.24-02-2021 2/3 criminal case, was called for. Report has been sent to this Court by learned Additional District and Sessions Judge-VII-cumExecutive Special Court (POCSO Act), Patna from which it transpires that out of seven charge-sheet witnesses, four witnesses have already been examined. It further appears that the last witness was examined on 25.02.2020, thereafter no prosecution witness has been produced by the prosecution at the trial.

Considering the fact that the trial has substantial progress, keeping in view the seriousness of the allegation and the fact that the petitioner's application was earlier rejected, I am not inclined to grant him privilege of regular bail for the present.

This application is accordingly rejected.

It is, however, observed that let the court below take all possible steps to ensure that the trial is concluded as expeditiously as possible preferably within a period of six months from today. If the trial is not concluded within six month, the petitioner shall be at liberty to renew his prayer for bail.

Let a copy of this order be communicated to the District Magistrate, Patna and Senior Superintendent of Police,

Patna High Court CR. MISC. No.82302 of 2019(5) dt.24-02-2021 3/3 Patna so as to ensure that there is no lapse on the part of the prosecution in presenting the witnesses before the court. (Chakradhari Sharan Singh, J) Rajesh/- U T