Karan Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.25808 of 2016 (2) dt.29-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25808 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -GOBARHIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Karan Sah Son of Sri Uma Sah Resident of Village- Naurangiya Done, S gobarashiya, District West Champaran ..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 29.03.2016 passed in Cr. Misc. No. 3960 of 2016, on the ground that this case was lodged after four months of the alleged occurrence, the father of the petitioner had filed complaint petition bearing Complaint Case No. C-40 of 2015 against the informant of the present case as well as against her son and in retaliation the informant lodged this false case against the petitioner and co-accused, as a matter of fact no such occurrence has taken place. It is submitted that the petitioner is suffering in custody since 02.10.2015 and in near future the trial is not likely to be concluded and co-accused Pappu Sah has been allowed bail vide order dated 31.03.2016 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.25808 of 2016 (2) dt.29-06-2016 12251 of 2016 by another co-ordinate Bench of this Court. Learned APP submits that after considering all the submissions prayer for bail of the petitioner was earlier rejected. In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail in Sessions Trial No. 132 of 2016 arising out of Gabarahiya P.S. Case No. 11 of 2015 pending in the court of learned Ist Additional Sessions Judge-cumSpecial Judge, West Champaran at Bettiah stands rejected. However, learned trial court is directed to take all positive steps for securing the attendance of informant during trial and the petitioner may renew his prayer of bail after examination of the informant during trial.

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