Dismissed¶18

Mohit Kumar Sao @ Mohit Kumar v. The State of Bihar

Bail – rejection at advanced stage of trial

Patna HC14 Aug 2024CR. MISC./25964/2024

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What is this about?

Patna HC, Cr. Misc. No. 25964 of 2024, decided 14-08-2024 by Anjani Kumar Sharan, J. Keywords: bail rejection; stage of trial; S. 376 IPC; SC/ST (Prevention of Atrocities) Act Ss. 3(i)(w) & 3(2)(v); POCSO Act Ss. 4 & 6; PS Case No. 68/2023, Maigra, Gaya; report of Exclusive Special Judge POCSO; victim examined; direction to conclude trial within two months. Relevance: illustrates refusal of bail where trial is near completion, coupled with an expedition direction — citable for trial-stage bail denial and speedy-trial directions in POCSO/SC-ST cases.

What did the court decide?

None to the petitioner; prayer for bail rejected. Trial court directed to conclude the trial as expeditiously as possible, preferably within two months from receipt of a copy of the order. ¶18

Mohit Kumar Sao @ Mohit Kumar Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25964 of 2024

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Arising Out of PS. Case No.-68 Year-2023 Thana- MAIGRA District- Gaya

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Mohit Kumar Sao @ Mohit Kumar Son of Mukesh Sao Resident of VillageBikua Kala, P.S.- Maigra, Dist.- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. Binay Krishna, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 14-08-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code, Section 3 (i) (w), 3 (2) (v) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act and Sections 4 & 6 of the POCSO Act.

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Vide order dated 12.07.2024, a report was called for, regarding the stage of trial. In compliance thereof, a report sent by learned Exclusive Special Judge POCSO cum Additional Sessions Judge-VII, Gaya dated 27.07.2024 is kept at flag ‘R’, whereby it is submitted that out of six witnesses mentioned in the charge-sheet, four witnesses including the victim, the informant and the Investigating Officer have been examined. It

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Patna High Court CR. MISC. No.25964 of 2024(5) dt.14-08-2024 2/2

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is further submitted that the trial of this case will likely to be concluded within two months from today.

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Considering the submissions made in the report, I am not inclined to grant bail to the petitioner named above. The prayer for bail is hereby rejected.

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Accordingly, the bail application is dismissed.

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However, the trial court is directed to conclude the trial

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as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.

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(Anjani Kumar Sharan, J)

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divyanshi/-

Mohit Kumar Sao @ Mohit Kumar v. The State of Bihar

Case brief

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Mohit Kumar Sao @ Mohit Kumar v. The State of Bihar

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