Patna High CourtCR. MISC./44320/2016rejected

Santosh Kumar Gandhi v. The State Of Bihar

2016-12-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.44320 of 2016 (4) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44320 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Santosh Kumar Gandhi, Son of Late Ram Surat Sah, Resident of VillageKharauni, Police Station- Marhourha, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 19.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 376(D) and 377 of the Indian Penal Code.

Petitioner is named in the first information report with allegation that he along with other accused committed rape on the informant. Co- accused was caught on the spot by the villagers whereas the petitioner is said to have managed to escape from the place of occurrence. However, apprehended co- accused disclosed the name of the petitioner as his associate. Informant also claims that both accused were taking their names at the time of alleged occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of seriousness of the offence, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial no. 358/2016

Patna High Court Cr.Misc. No.44320 of 2016 (4) dt.19-12-2016 arising out of Marhaura P.S. Case no. 48/2016 pending in the court of Addl. Sessions Judge V, Saran at Chapra stands rejected. However, the learned trial court is directed to expedite the trial of the petitioner and conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T