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Patna High CourtCR. MISC./17049/2019dismissed

Md. Dukhan v. The State Of Bihar

2019-04-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17049 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- MAHILA P.S. District- Banka ====================================================== MD. DUKHAN Son of Md. Jamal @ Jamal Resident of Village - Minat Nagar Milki Gaura, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 Earlier the prayer for bail of the petitioner was dismissed vide order dated 25.10.2018 passed in Cr. Misc. No. 57146 of 2018 and allegation against the petitioner is of committing rape upon the minor daughter of the informant. Submission of learned counsel for the petitioner is that during trial, the victim has been examined and she has supported the occurrence and he has named the petitioner also but she did not identify the petitioner in dock. It has also been submitted that the petitioner has been in judicial custody since 05.07.2018 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the

Patna High Court CR. MISC. No.17049 of 2019(2) dt.04-04-2019 2/2 petitioner on bail.

However, the trial court is directed to expedite and conclude the trial as expeditiously as possible. At the same time, Superintendent of Police, Banka, is directed to produce the witnesses in the trial court on the date fixed.

This application is accordingly dismissed.

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