Patna High CourtCR. MISC./9907/2017rejected

Md. Mohi @ Md. Irshad @ Irshad @ Md. Mohid v. The State Of Bihar

2017-03-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9907 of 2017 Arising Out of PS.Case No. -201 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Md. Mohi @ Md. Irshad @ Irshad @ Md. Mohid, Son of Md. Zakir, resident of village - Balat, P.S. Sakari, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-03-2017 The petitioner seeks bail in connection with Sessions Trial No. 203 of 2016 arising out of Madhubani Town P.S.Case No. 201 of 2016 registered under Sections 364, 376 and 307/34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 20.08.2016 passed in Cr.Misc. No. 35198 of 2016.

It is contended by the learned counsel for the petitioner that after rejection of bail of the petitioner, another coaccused Md. Salman has already been granted bail by a Bench of this Court vide order dated 23.01.2017 passed in Cr.Misc. No. 41452 of 2016.

I have perused the aforesaid order dated 23.01.2017. It would be evident that the order passed in the case of the

Patna High Court Cr.Misc. No.9907 of 2017 (2) dt.08-03-2017 2/2 petitioner was never brought to the notice of the coordinate Bench while considering the bail application of Md. Salman. I further find that this is a case of gang rape in which a young girl aged about 18 years was bodily lifted and was taken to a lonely place where she was not only ravished but was also brutally assaulted. Considering the serious nature of the offence, I am not inclined to reconsider the application for bail of the petitioner. Accordingly, the application is dismissed.

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