Patna High CourtCR. MISC./14616/2017dismissed

Sikandar Uraon v. The State Of Bihar

2017-05-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14616 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -GOBARDHANA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sikandar Uraon Son of Hari Uraon, Resident of Village- Balua Bakharaha Khairatola, P.S.- Gobardhana, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Gobardhana P.S. Case No. 32 of 2016 instituted for the offence under Section 376 of the Indian Penal Code.

As per the written report this petitioner has committed rape with the informant, who is aged about 55 years. The case diary has been received. In the seizure list, in para-2 it has been mentioned that sperm stained clothes of the petitioner was seized by the police and sent for examination. The clothes of the victim was also sent for examination. The statement of the victim was recorded under Section 164 Cr.P.C. which finds mention in para-27 of the case diary wherein she has supported the

Patna High Court Cr.Misc. No.14616 of 2017 (3) dt.18-05-2017 2/2 allegation of committing rape with her against the petitioner. In such circumstances, this Court is not inclined to grant bail to the petitioner. The prayer is rejected with liberty to the petitioner to renew his prayer for bail after nine months in the court below itself, in the event no substantial progress is made in the trial without any cogent reason.

The trial court is directed to expedite the trial by giving short adjournment and dispose of the same within nine months.

(Sanjay Priya, J) S.Pandey/- U