← Library
Patna High CourtCR. MISC./16720/2020dismissed

Dhiraj Kumar @ Dhiraj Paswan v. The State Of Bihar

2020-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16720 of 2020 Arising Out of PS. Case No.-318 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== DHIRAJ KUMAR @ DHIRAJ PASWAN Son of Sri Bhagwan Paswan Resident of Village - Valiyavan, P.S.- Naubatpur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Naubatpur P.S. Case No. 318 of 2017 instituted for the offences under Sections 376, 511, 302 and 34 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that it is a case of gang rape and as per the post-mortem report, the doctor found injuries on the private parts of the body of the deceased which corroborates with the allegations made in the F.I.R. A report was called for from the Trial Court. It has been reported that the case has been committed to the Court of Sessions.

Patna High Court CR. MISC. No.16720 of 2020(4) dt.20-10-2020 2/2 Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at the earliest preferably within a period of nine months from the date of receipt/production of a copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. Pankaj/- (Sudhir Singh, J) U T