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Patna High CourtCR. MISC./44560/2017dismissed

Raj Kumar v. The State Of Bihar

2017-11-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44560 of 2017 Arising Out of PS.Case No. -319 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Raj Kumar son of Brij Kishore Kushwaha, Resident of VillageBhasurari, Police Station- Shikarpur, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard the parties.

This application is for grant of regular bail in connection with S.G.R. No.44 of 2017 arising out of Shikarpur P.S.Case no.319 of 2017 for the offences punishable under Sections 376 & 511 of the Indian Penal Code and Section 8 & 12 of the Protection of Children from Sexual Offences Act. Allegation against the petitioner is of attempt to commit rape upon the informant and also taking photographs of the informant.

Submission of the learned counsel for the petitioner is that nothing has occurred as stated in the FIR. Now the parties have settled the dispute outside the court.

Heard learned A.P.P. also, who has opposed the

Patna High Court Cr.Misc. No.44560 of 2017 (3) dt.06-11-2017 2/2 prayer for bail stating that the case is under Sections 376 , 511 and other Sections of the IPC.

Heard learned A.P.P.

Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and once the evidence of the informant is recorded, the petitioner is at liberty to renew his prayer for bail before the learned court below, who will consider the materials available at that time and will pass appropriate order. With the aforesaid observation, this application is dismissed.

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