Kapil Kumar Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.14670 of 2017 (2) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14670 of 2017 Arising Out of PS.Case No. -107 Year- 2015 Thana -NARPATGANJ District- ARRARIA ====================================================== Kapil Kumar Mehta S/o Surya Nan Mehta Resident of Village- Pathardeva, P.S. -Narpatganj, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashwini Kumar Upadhyay For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 21.01.2016 passed in Cr. Misc. No. 54176 of 2015, on the ground that the victim girl has been examined but her father has not been examined and unnecessary delay is being caused and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the petitioner has raped the girl aged about 12 years. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, learned trial Judge is again directed to expedite the trial and conclude the same as early as possible, preferably

Patna High Court Cr.Misc. No.14670 of 2017 (2) dt.17-05-2017 within two months from the date of receipt/production of a copy of this order by taking all positive efforts to examine the father of the victim girl also, failing which, the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T