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Patna High CourtCR. MISC./33726/2017rejected

Uday Paswan v. The State Of Bihar

2017-08-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33726 of 2017 Arising Out of PS.Case No. -86 Year- 2015 Thana -HALSI District- LAKHISARAI ======================================================

1. Uday Paswan, Son of Ram Bilash Paswan, R/o Village- Bachhiya Bigha, P.S.- Halsi, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 17.05.2016 passed in Cri. Misc. No. 58606 of 2015, on the ground that the petitioner is suffering in custody since 19.10.2015, the victim girl being major had gone with the petitioner out of her own sweet will, F.I.R. has been lodged after much delay and the doctor has not found any sign of rape and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that Medical Board has found her age 15-16 years and the victim has alleged the allegation of kidnapping as well as of

Patna High Court Cr.Misc. No.33726 of 2017 (2) dt.16-08-2017 2/2 rape committed by the petitioner.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected However, let the trial be expedited and concluded as early as possible preferably within nine months. (Jitendra Mohan Sharma, J) Rajiv/- U T