Patna High CourtCR. MISC./38536/2017rejected

Anna @ Munna @ Ranjan Kumar v. The State Of Bihar

2017-08-16Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.38536 of 2017 (2) dt.16-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38536 of 2017 Arising Out of PS.Case No. -270 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Anna @ Munna @ Ranjan Kumar son of Suresh Rai, R/o village- Dighi Kala West, P.S.-Hajipur, District- Vaishali........ .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Madhura Nand Jha, APP-102 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 09.02.2017 passed in Cr. Misc. No. 54579 of 2016, on the ground that the petitioner is suffering in custody since 02.08.2016, all the witnesses have stated that there was love affairs between the sister of the informant and the petitioner and when the sister of the informant and the petitioner were moving, the petitioner was caught by the informant and has been implicated in this case. The informant pressurized his sister to give statement as per the prosecution case, no offence as alleged is made out. The doctor who has examined the victim has found her age 20 years and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.38536 of 2017 (2) dt.16-08-2017 Learned APP opposes the prayer of pre-arrest bail by submitting that the victim in her statement has supported the allegation of rape by the petitioner also.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected in connection with Hajipur Sadar P.S. Case No. 270 of 2016 pending in the court of learned Additional Sessions Judge I-cum-Special Judge POCSO Act, Vaishali at Hajipur.

However, considering the period of detention, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within six months from the date of receipt/production of a coy of this order.

(Jitendra Mohan Sharma, J) avin/- U T