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Patna High CourtCR. MISC./34570/2016rejected

Dhanne Lal Sah @ Dhanne Lal Sahu v. The State Of Bihar

2016-08-17Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34570 of 2016 Arising Out of PS.Case No. -97 Year- 1999 Thana -LAUKHI District- MADHUBANI ====================================================== Dhanne Lal Sah @ Dhanne Lal Sahu Son of Ram Lakhan Sah Resident of Village- Bhutaha, P.S Laukahi, District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-08-2016 Heard both sides.

This is repeat application seeking bail in Laukahi P.S. Case No. 97/1999 registered under Section 376 of the Indian Penal Code.

Considering the allegation, this Court had rejected his prayer for bail vide order dated 25.06.2015 passed in Cr. Misc. No. 47905 of 2014. The petitioner was, however, granted liberty to renew his prayer for bail if the trial does not record adequate progress within ten months.

It is stated that at the trial few prosecution witnesses have been examined but they have not supported the prosecution case. The informant is yet to be examined in the case as is evident from the impugned order of the trial court. The trial is in

Patna High Court Cr.Misc. No.34570 of 2016 (2) dt.17-08-2016 2/2 progress. Whether the prosecution witness has supported the case or not is a matter to be appraised by the trial court. Having considered the submissions of the parties and the facts noticed hereinabove, this court declines the relief. The prayer for bail is rejected.

The petitioner shall, however, be at liberty to renew his prayer for bail in this Court if the trial does not conclude within

(05) months from the date of receipt/production of a copy of this order.

(Kishore Kumar Mandal, J) rohit/- U T