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Patna High CourtCR. MISC./12393/2017dismissed

Santu @ Raza @ Tuntun @ Tuntun Singh v. The State Of Bihar

2017-03-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12393 of 2017 Arising Out of PS.Case No. -52 Year- 2014 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Santu @ Raza @ Tuntun @ Tuntun Singh Son of Late Dinesh Singh @ Binda Singh, Resident of Village- Jihuli, Police Station- Patahi, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Sri Uma Shankar Prasad Verma Mr. Binod Kumar Mishra For the Opposite Party/s : Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-03-2017 Heard Sri Uma Shankar Prasad Verma, learned counsel , assisted by Sri Binod Kumar Mishra, learned counsel for the petitioner.

This is second attempt for grant of bail on behalf of the petitioner. Only on 16.08.2016 prayer for bail of the petitioner was rejected vide Criminal Miscellaneous No. 31977of 2016 primarily in view of seriousness of accusation as well as criminal antecedent of the petitioner.

Learned counsel for the petitioner submits that after rejection of prayer for bail in the case, the case was committed to the court of sessions and charge has already been framed. He submits that about 9 persons have been cited as charge -sheeted

Patna High Court Cr.Misc. No.12393 of 2017 (2) dt.15-03-2017 2/2 witnesses.

Keeping in view the fact that on merit prayer for bail was rejected and the fact that charge has already been framed and petitioner is in custody in connection with Siwaipatti P.S. Case No. 52 of 2014 corresponding to Tr. No. 39 of 2016 registered for the offences under Sections 376(G)/ 302/ 201/ 120(B) of the Indian Penal Code and also under the provisions of Protection Of Children from Sexual Offences Act, 2012 there is no reason to review my earlier order. Prayer for bail stands rejected. However, while dismissing the prayer for bail considering the fact that petitioner is in custody, it is desirable to observe that the learned court below may take appropriate steps so that the case may come to its logical end without unnecessary delay. The concerned Superintendent of Police is required to ensure production of witnesses before the trial court as and when required by the trial court without any fail. Learned trial court while proceeding with the case is required to take up the matter at least once in a week. (Rakesh Kumar, J) Praful/- U T