Patna High CourtCR. MISC./43842/2024bail rejected

Ranjit Kumar v. The State Of Bihar

2024-08-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43842 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== RANJIT KUMAR SON OF ANIL MANDAL R/o VILLAGE- BHITTHA, P.S.- BHAWANIPUR, DISTT.- PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Sessions Trial no.635 of 2023 (arising out of Bhawanipur (Akbarpur) P.S. Case no.128 of 2023) registered under sections 376, 354B, 313, 323 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while she was alone at home, the petitioner entered her house and on the point of knife committed rape on her.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 17.10.2023 passed in Cr. Misc. no.66908 of 2023. Inspite of the petitioner being in custody since 26.6.2023, the trial has not proceeded and only two witnesses have been examined though charge was framed as far back as on 12.1.2024. The

Patna High Court CR. MISC. No.43842 of 2024(3) dt.09-08-2024 2/2 petitioner undertakes to cooperate in the case and to abide by all the conditions which may be laid by this Court for his release on bail.

5. The application for bail is opposed by learned A.P.P. for the State.

6. A report was called for from the learned trial Court. As per the report received, contained in letter dated 25.7.2024 of the 1st Additional Sessions Judge, Purnea, out of the eleven prosecution witnesses, two witnesses have been examined on 8.2.2024 and 27.2.2024.

7. Having heard learned counsel for the parties and having perused the material on record, the nature of allegation against the petitioner together with the trial having proceeded in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Liberty is granted to the petitioner to renew his prayer for bail after examination of the victim in course of trial or in case of inordinate delay in the trial.

(Partha Sarthy, J) Saurabh/- U T