Dhiraj Kumar @ Dhiraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20153 of 2023 Arising Out of PS. Case No.-318 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Dhiraj Kumar @ Dhiraj Paswan Son Of Sri Bhagwan Paswan Resident Of Village- Valiyavan, Ps- Naubatpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Naubatpur P.S. case No. 318 of 2017 (S.Tr. No. 347/2020) instituted for the offences under Sections 376, 511, 302 read with Section 34 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure-1 series to the present application taking into account that it is a case of gang rape and as per the postmortem report, the doctor found injuries on the private parts of the body of the deceased which corroborates with the allegation made in the F.I.R.

A report was called for from the Trial Court. It has been reported that out of 14 prosecution witnesses, 11

Patna High Court CR. MISC. No.20153 of 2023(3) dt.21-06-2023 2/2 prosecution witnesses have already been examined and the trial is likely to be concluded within a period of three months. Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.

(Sudhir Singh, J) Pankaj/- U T