Bishwanath Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.592 of 2015 (2) dt.08-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.592 of 2015 Arising Out of PS.Case No. -41 Year- 2013 Thana -CHANAN District- LAKHISARAI ====================================================== Bishwanath Mandal, son of Gulabi Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : M/s. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 24.08.2013 in a case registered for the offences punishable under Sections 376, 511 of the Indian Penal Code and there is specific allegation against the petitioner that he attempted to commit rape upon the informant. From perusal of the impugned order of court below, it would appear that up till now informant has not been examined before the trial court.

Therefore, in the aforesaid circumstance, I do not think it proper to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial No. 982 of 2013 arising out of Chanan P.S. Case No. 41 of 2013 pending in the court of 1st Additional Sessions Judge, Lakhisarai stands rejected,

Patna High Court Cr.Misc. No.592 of 2015 (2) dt.08-01-2015 at least, at this stage.

However, petitioner may renew his prayer for bail before the learned trial court after three months from the date of receipt/production of copy of this order, if the prosecutrix is not examined before the trial court within the above stated period. (Hemant Kumar Srivastava, J) SHAHZAD/- U T