Patna High CourtCR. MISC./48876/2017dismissed

Shailendra Choudhary v. The State Of Bihar

2017-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48876 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -DHANGAI District- BHOJPUR ====================================================== Shailendra Choudhary, Son of Baban Choudhary, Resident of VillageDihari Nonia Dera, P.S.- Dhangai, District- Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Dhangai P.S.Case No. 18 of 2017 registered for the offences punishable under Sections 354, 342 and 379/34 of the Indian Penal Code. Allegation against the petitioner is of forcibly taking the victim girl inside the house trying to outrage her modesty. Submission of learned counsel for the petitioner is that there is no medical report available on record and police submitted final form finding case not true against other accused persons and he is in custody for three months.

Heard learned APP also, who has opposed the prayer for bail on the ground that several witnesses have supported the prosecution case and on their interference she was recovered from

Patna High Court Cr.Misc. No.48876 of 2017 (3) dt.16-11-2017 2/2 the house.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, learned court below is directed to commit the case to the court of sessions within a period of one month and thereafter once substantive progress is made in trial, petitioner may renew his prayer for bail before the court below, which shall be considered on the basis of materials available on record at that time.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U