Pappu Kumar @ Pappu Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.11515 of 2017 (3) dt.10-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11515 of 2017 Arising Out of PS.Case No. -21 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Pappu Kumar @ Pappu Sah, Son of Sri Hari Charan Sah, Resident of Village- Madhban Bazar, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10.05.2017 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner has filed this second bail petition on the ground that victim was examined in course of trial as the prosecution witness no.4 but in her cross-examination, she did not support the prosecution case but I am not at all convinced with the aforesaid submission because in her examination-in-chief, victim supported the story of rape and so far as cross-examination is concerned, it is not a proper stage to marshal the statement made by the victim in her crossexamination and the same shall be considered by the concerned court at the appropriate stage.

Accordingly, prayer for bail of the petitioner in connection with Session trial no. 332 of 2016 arising out of Bajpatti P.S. Case no.

Patna High Court Cr.Misc. No.11515 of 2017 (3) dt.10-05-2017 21/2016 pending in the court of Addl. Sessions Judge I, Sitamarhi stands rejected. However, learned trial court should expedite the trial of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T