Patna High CourtCR. MISC./30374/2020dismissed

Rahul @ Rukhshar v. The State Of Bihar

2021-02-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30374 of 2020 Arising Out of PS. Case No.-2 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== RAHUL @ RUKHSHAR Son of Nisar Mia @ Nesar Ahmad Resident of Mohalla - Mahadeva, P.S. Ara Town, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Sen Prasad Singh, Advocate Mr. Kamlesh Prasad, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-02-2021 Heard Mr. Chandra Sen Prasad Singh, learned counsel for the petitioner and Mr. Ram Anurag Singh, the learned APP for the State.

The petitioner seeks bail in connection with Ara Mahila P.S. Case No. 2 of 2019 dated 02.01.2019 instituted for the offences under Sections 376 and 34 of the Indian Penal Code and Section 67 of the I.T. Act. His prayer for bail was earlier rejected vide order dated 17.08.2019 passed in Cr. Misc. No. 27657 of 2019.

This Court had called for a report from the court below about the stage of the case on 08.01.2021. The report indicates that out of seven witnesses, four have been examined and the case, at the time of sending of the report, was running on board for the

Patna High Court CR. MISC. No.30374 of 2020(3) dt.24-02-2021 2/2 recording of the evidence of the Doctor and other witnesses.

Considering the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.

Accordingly, the prayer for bail is rejected. However, the trial court is directed to conclude the trial positively within a period of six months, failing which the petitioner shall have the liberty to approach the trial court for grant of bail and in that event the trial court is required to state the reasons for the tardy progress of the trial.

(Ashutosh Kumar, J) krishna/- U T