Sri Chand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55363 of 2021 Arising Out of PS. Case No.-356 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== SRI CHAND KUMAR Son of Baleshwar Ravidas Resident of VillageSurheri, P.S.- Muffasil, Distt- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Ms.Sugandha Prasad For the Opposite Party :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is the third attempt of the petitioner for grant of regular bail in connection with Gaya Muffasil P.S. Case No.356 of 2018, registered for the offence punishable under Sections 376(3)/376DA/354(D)(II)/341/342/323/452/34 of the Indian Penal Code, under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 67/67(A)/67(B) of the Information Technology Act. His similar prayer has earlier been rejected twice by this Court.

In compliance of this Court's order dated 20.07.2022, a report has been submitted by the learned Registrar General In-charge. From the said report, it transpires that the Sub-Divisional Judicial Magistrate, Jamui, who has conducted

Patna High Court CR. MISC. No.55363 of 2021(14) dt.03-08-2022 2/2 the test identification parade of the accused persons, has been examined and has adduced evidence before the Court below. Apparently, all the witnesses have been examined at the trial. Considering the circumstance that all the witnesses have been examined by the trial court, I do not find it appropriate to consider the petitioner's prayer for bail. This application is accordingly rejected.

(Chakradhari Sharan Singh, J) Pawan/- U T