Sanjiv Kumar @ Chiku v. The State Of Bihar

Patna High Court Cr.Misc. No.32212 of 2015 (3) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32212 of 2015 Arising Out of PS.Case No. -81 Year- 2013 Thana -GHOSBARI District- PATNA ======================================================

1. Sanjiv Kumar @ Chiku S/o Krishna Bihari Prasad Singh Resident of Village Samyagarh, P.S. Ghosbari, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. Aditya Narayan Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Report regarding status of the case has been received by which it reveals that the case has been committed to the court of Sessions on 11.08.2015 itself.

Earlier prayer for bail of the petitioner has already been rejected twice vide order dated 05.06.2014 and 07.01.2015 passed in Cr. Misc. Nos. 18332 of 2014 and 588 of 2015 respectively and now the petitioner has renewed his prayer for bail on the ground that he is suffering in custody since 05.02.2014 and there is no likelihood of early conclusion of the trial. Considering the fact that the victim has supported the allegation of rape in her statement before the Police as well as in

Patna High Court Cr.Misc. No.32212 of 2015 (3) dt.26-08-2015 the statement recorded under Section 164 Cr.P.C., this Court is not inclined to reconsider the prayer for bail. Accordingly, prayer for bail of the petitioner is again rejected in connection with Ghosbari P.S. Case No. 81 of 2013.

However, the trial court is directed to expedite the trial as per the amended proviso of Section 309 of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T