Patna High CourtCR. MISC./45222/2024bail rejected

Ramashish Kumar v. The State Of Bihar

2024-08-31Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45222 of 2024 Arising Out of PS. Case No.-128 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== Ramashish Kumar son of Sitaram Sao @ Sitaram Saw @ Sitaram Prasad Village- Raniganj Gareriya Ps- Imamganj Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The prayer for the bail of the petitioner in connection with Sessions Trial No. 1092/2023,195/2022 arising out of Imamganj P.S. Case No. 128 of 2020 has earlier been rejected vide order dated 20.01.2022 passed in Cr. Misc. No. 26286 of 2021.

3. On earlier occasion vide order dated 20.07.2024 present stage of the case has been called for.

4. Upon perusal of the Report received from the Trial Court, It appears that charge has been framed on 13.07.2022 and summons have issued against the charge-sheet witnesses on 14.09.2022. For adducing witnesses, warrant have been issued and father of the informant has appeared for cross-examination.

Patna High Court CR. MISC. No.45222 of 2024(6) dt.31-08-2024 2/2 He appeared, examined and deferred for next date but not turned up for further cross examination.

5. Counsel for the State opposes the prayer for bail and submits that victim has supported her statement under section 164 of the Cr.P.C.

6. In the aforesaid background, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the bail application of the petitioner is hereby rejected with liberty that in case, if the evidence shall not be completed within one year then in that case, the petitioner shall be directed to be released on bail on payment of 50% of the fine amount shown under the I.T. Act under which charge has been framed against him by the Court itself. It is also directed to the Trial Court that he shall impose his own condition so that he may not evade his appearance during the trial. The deposit of the said 50% shall be subject to trial. (Dr. Anshuman, J) Sunnykr/- U