Uma Shankar Kumar @ Uma Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34889 of 2024 Arising Out of PS. Case No.-548 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== Uma Shankar Kumar @ Uma Shankar Yadav son of Biddhi Rai @ Vidyanand Rai village- Champapur Ps- Bakhtiyarpur Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Bakhtiyarpur P.S. Case no. 548 of 2022 registered under sections 376 and 448 of the Indian Penal Code.
3. As per the prosecution case, the informant states that on returning home, she was informed by her daughter that the petitioner had committed rape on her.
4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 11.10.2023 passed in Cr. Misc. no. 48634 of 2023. Inspite of the petitioner having remained in custody since 7.11.2022, the trial is still continuing and there is no chance of the same
Patna High Court CR. MISC. No.34889 of 2024(4) dt.09-08-2024 2/2 concluding in the near future. The petitioner on being enlarged on bail undertakes to cooperate in the trial.
5. The application for bail is opposed by learned APP for the State.
6. A report was called for from the learned trial Court. As per the report received contained in letter dated 18.7.2024 of the 1st Additional District & Sessions Judge, Patna three witnesses have been examined out of the five witnesses mentioned in the charge-sheet.
7. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R and the progress in the trial in the learned trial Court as is evident from the contents of the report received, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
8. Learned trial Court is directed to expedite the trial and to conclude the same preferably within a period of six months from the date of receipt of a copy of this order. (Partha Sarthy, J) Harsh/- U T