Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4238 of 2017 Arising Out of PS.Case No. -77 Year- 2015 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Amarjit Kumar S/o Sanjay Yadav R/o Village- Ramdahi, P.S. Kako, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 Heard the parties.

This application is for grant of bail in connection with Mahila P.S.Case No.77 of 2015 for the offence under Sections 376 (G), 506/34 of the Indian Penal Code and Section 6 of POSCO Act.

It is submitted on behalf of the petitioner that though there is direct allegation against the petitioner in the F.I.R. and now the trial has begun and the evidence has been recorded by the learned court below, in which the informant has not supported the case of the prosecution as well as she has not identified the accused persons including the petitioner, as such he may be enlarged on bail.

Patna High Court Cr.Misc. No.4238 of 2017 (2) dt.13-02-2017 2/2 Heard learned A.P.P. also.

Having heard both sides. In view of the fact that the informant has herself become hostile and not supported the case of the prosecution as far as she did not identify the accused persons including the petitioner in the court below. However, I think it proper that let the petitioner renew his prayer for bail before the court below itself first, who will consider this aspect of the matter and will pass appropriate order without being prejudiced by the order of this Court.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T