Md. Belal Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.16345 of 2015 (3) dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16345 of 2015 Arising Out of PS.Case No. -241 Year- 2013 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Md. Belal Ansari son of Sharif Ansari resident of village - Muslimabad, Police Station - Daudnagar, District - Aurangabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the State : Mr. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Daudnagar P.S. Case No. 241 of 2013 registered under Sections 366/34 and 376 of Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected by this Court with a direction that petitioner is at liberty to renew his prayer for bail before the learned court below after examination of the victim as a witness.

However, it has been reported that victim has not been examined as a witness due to the fact that co-accused has filed petition against order taking cognizance. However, it is submitted that case of the petitioner is bifurcated and trial proceeded. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is hereby rejected with a direction that petitioner may renew his prayer for bail after examination of the victim as a witness.

m.p.

(Gopal Prasad, J) U T