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Patna High CourtCR. MISC./31953/2020bail rejected

Md. Aaiyub Khalifa @ Yub Khalifa v. The State Of Bihar

2020-12-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31953 of 2020 Arising Out of PS. Case No.-869 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Md. Aaiyub Khalifa @ Yub Khalifa S/o Late Sakoor Khalifa Resident of village - Dholbajja, Garhipal, Ward No. 12, P.S. - Forbesganj, District - Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Forbesganj P.S. Case No. 869 of 2019 registered for the offence punishable under Section 376 of the Indian Penal Code. Considering the allegation made in the first information report that the petitioner ravished his daughter-inlaw on the point of dagger, I am not inclined to grant him bail at this stage. The prayer for bail is rejected.

In case, the trial is not concluded within nine months from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail.

Since the court proceedings are being conducted

2/2 through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr. Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Sr. Secretary/registry for up-loading of the present order without compromising with the norms of social distancing.

rohit/- (Ashwani Kumar Singh, J) U T