Patna High CourtCR. MISC./56507/2015rejected

Ajay Kumar v. The State Of Bihar

2015-12-14Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56507 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Ajay Kumar Son of Rajendra Chauhan@Rajendra Prasad Resident of Village- Bhelwa, P.s Warsaliganj,District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that in course of trial, the victim has said nothing about the allegation of rape rather she only stated that an altercation had taken place between her and accused on the alleged date of occurrence. It appears that the statement of victim was recorded u/S 164 of the Cr.P.C. in which, she supported the accusation of rape but taking note of this fact that trial of the petitioner is going on in full swing, I do not think it proper to release the petitioner on bail and accordingly, his prayer for bail in connection with Warisaliganj P.S. Case No. 103 of 2015, corresponding to

Patna High Court Cr.Misc. No.56507 of 2015 (2) dt.14-12-2015 2/2 Sessions Trial No. 339 of 2015 pending in the court of learned Additional District & Sessions Judge-III, Nawada stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within three months from the date of receipt/production of copy of this order, failing which, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T