Munna Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.36946 of 2016 (3) dt.26-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36946 of 2016 Arising Out of PS.Case No. -402 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Munna Yadav son of Deo Narayan Yadav resident of Village-Khaira Gadhiya, Police Station- Narpatganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 26.10.2016 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Submission on behalf of the petitioner is that in course of trial, informant has not supported the prosecution case which is evident from perusal of paras 3 and 4 of her cross-examination which has been annexed as annexure 3 to the supplementary affidavit but in my view, it is not proper stage to discuss the statement of victim recorded in course of trial because it is prerogative of the trial court to discuss the statement of victim recorded in course of trial. Considering the aforesaid facts and circumstances as well as submissions of the parties, prayer for bail of the petitioner in connection with Sessions Trial no. 246/2015 arising out of Narpatganj P.S. Case no. 402/2014 pending in the court of Addl. Sessions Judge

Patna High Court Cr.Misc. No.36946 of 2016 (3) dt.26-10-2016 III, Araria, is, again, rejected.

However, the learned trial court must expedite the trial of the petitioner and try to conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T