Himanshu Kumar @ Humanshu Kumar Singh @ Himat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80792 of 2019 Arising Out of PS. Case No.-160 Year-2017 Thana- SONBERSA District- Saharsa ====================================================== HIMANSHU KUMAR @ HUMANSHU KUMAR SINGH @ HIMAT Son of Parmeshwar Mehta Resident of Village - Kash Nagar Banibasa, P.S.- Sonbarsa Raj, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 24.10.2017 in connection with POCSO No. 51 of 2017 arising out of Sonbarsa Raj (Kash Nagar O.P.) P.S. Case No. 160 of 2017 for the offence registered under Sections 363, 366A/34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 08.05.2018 passed in Cr. Misc. No. 21151 of 2018 as the girl was still traceless. Learned counsel for the petitioner submits that the present prayer for bail has been made in view of the fact that the girl has now been recovered and has given a statement in favour

Patna High Court CR. MISC. No.80792 of 2019(2) dt.17-01-2020 2/2 of the petitioner.

However, considering the fact that the victim girl is a minor of 14 years and the provisions of Section 8 of the POCSO Act have been attracted, it would be appropriate that the Trial Court be directed to proceed on a day-to-day basis in connection with the present case so as to dispose of the same within a period of six months from the date of receipt/production of a copy of this order.

Accordingly, the prayer for bail of the petitioner is again rejected.

(Anjana Mishra, J) Jagdish/- U T