Ram Prakash Uraon @ Prakash Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31467 of 2016 Arising Out of PS.Case No. -226 Year- 2015 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ram Prakash Uraon @ Prakash Uraon, Son of Dasai Uraon, Resident of Village- Hariharpur, P.S.- Gobardhana (Dumari) District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate : Mr. Abhitabh Kumar, Advocate, : Mr. Murari Prasad Sinha, Advocate For the Opposite Party : Mr. Sri Anil Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2016 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 24.02.2016 passed in Cr. Misc. No. 6140 of 2016, on the ground that the petitioner is in custody since 23.10.2015 and up till now the case has not been committed, resulting in near future the trial is not likely to be concluded. It is further submitted that from the statement of the victim recorded under section 164 of Cr.P.C., it reveals that victim did not raise any objection when she was taken away by the petitioner and was kept at different places and this goes to indicate that it was sex with consent, to which the learned APP opposes by

Patna High Court Cr.Misc. No.31467 of 2016 (2) dt.10-08-2016 2/2 submitting that the victim has stated that petitioner committed rape forcibly with her.

In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail in connection with Ramnagar P.S. Case 226 of 2015, pending in the court of learned Additional Chief Judicial Magistrate, Bagaha, stands rejected. However, the learned Magistrate is directed to commit the case at once that is within one month from the date of receipt/production of a copy of this order and thereafter the learned trial court shall take all positive steps to conclude the trial preferably within six months, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T