Santosh Manjhi v. The State Of Bihar
Case brief
What is this about?
The High Court rejected the petitioner's bail prayer in a POCSO case. Observing that most prosecution witnesses were examined but some remained unproduced by the police, the Court directed the Superintendent of Police to ensure their presence and the trial court to conclude the trial within four months.
What did the court decide?
Bail prayer rejected; SSP directed to produce remaining witnesses within two weeks; trial court to conclude trial within four months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43097 of 2018
Arising Out of PS.Case No. -35 Year- 2016 Thana -MAGADH UNIVERSITY District- GAYA
====================================================== Santosh Manjhi
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
3 05-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for State.
Earlier, the bail prayer of the petitioner was twice rejected, taking note of allegation leveled against him and while rejecting the prayer for bail of the petitioner in Cr. Misc. No. 26390 of 2017 vide order dated 12.07.2017, this court directed the trial court to conclude the trial of the petitioner expeditiously and also the copy of aforesaid order was sent to Senior Superintendent of Police, Gaya with direction to him to ensure the presence of prosecution witnesses before the trial court and, furthermore, the trial court was directed to send a list of prosecution witnesses to Senior Superintendent of Police, Gaya mentioning their date of examination before the court.
However, the learned trial court vide letter no. 443 dated 02.08.2018 has reported that out of six charge-sheeted witnesses, five prosecution witnesses have already been examined
Issues for consideration
2 issues framed by the court
Whether the petitioner should be released on bail given the partial examination of prosecution witnesses and the order for expedited trial.
Whether the police should be directed to produce the remaining prosecution witnesses.
Parties & counsel
- petitioner
Santosh Manjhi
- respondent
The State of Bihar
Coram
Hemant Kumar Srivastava
Case details
As recorded by the court registry
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