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Patna High CourtCR. MISC./1440/2016rejected

Md. Habib @ Md. Haseeb @ Mintu Singh @ Mantun Singh v. The State Of Bihar

2016-01-14Mr. Justice Hemant Kumar Srivastava1 pages

Patna High Court Cr.Misc. No.1440 of 2016 (2) dt.14-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1440 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -BIHRA District- SAHARSA ======================================================

1. Md. Habib @ Md. Haseeb @ Mintu Singh @ Mantun Singh son of Md. Daud, Resident of village- Garoul, P.S.- Alinagar, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 14.01.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Statement of victim has been recorded under section 164 of the Cr.P.C in which she specifically levelled allegation of kidnapping and rape against the petitioner. Victim appears to be minor. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with POSCO case no. 32/2015 arising out of Bihra P.S. Case no. 65/2015 pending in the court of the Special Judge, POSCO Act -cum- Addl. Sessions Judge I, Saharsa stands rejected.

However, the learned trial court should expedite the trial of the petitioner and try to conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T