Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31920 of 2015 Arising Out of PS.Case No. -151 Year- 2013 Thana -BARUN District- AURANGABAD ====================================================== Chhotu Kumar S/o Sri Mahamaya Prasad Singh, resident of village- Jangi Bigha, P.S.- Baroon, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with G.R. No.1529 of 2013/8 of 2013 arising out of Barun P.S. Case No.151 of 2013 registered for the offence punishable under section 376 read with 34 of the Indian Penal Code as also section 4 of the Prevention of Children from Sexual Offences Act in which charge has not been framed under section 376 read with 34 of the Indian Penal Code. The prayer for bail of the petitioner has been rejected twice by this Court.

It is contended that though the witnesses on behalf of the prosecution have already been examined and the case is fixed for recording statement of the accused under section 313 of the Code

Patna High Court Cr.Misc. No.31920 of 2015 (3) dt.19-08-2015 2/2 of Criminal Procedure, the court is vacant for the last two months. Learned counsel for the State has opposed the prayer for bail.

Regard being had to the serious nature of allegation, I am not inclined to review my earlier order dated 3.9.2014 passed in Cr. Misc. No.32179 of 2014. Accordingly, the prayer for bail of the petitioner is rejected.

(Ashwani Kumar Singh, J) Md.S./- U T