Sanjiv Kumar @ Chiku v. The State Of Bihar

Patna High Court Cr.Misc. No.588 of 2015 (2) dt.07-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.588 of 2015 Arising Out of PS.Case No. -81 Year- 2013 Thana -GHOSBARI District- PATNA ====================================================== Sanjiv Kumar @ Chiku son of Krishna Bihari Prasad Singh, R/o villageSamvagarh, P.S.- Ghosbari, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 5.6.2014 passed in Cr. Misc. No. 18332 of 2014 on the ground that up till now no progress has been done in the case and the petitioner is suffering in custody since 5.2.2014 and also chargesheet has not been submitted under Section 4 of Protection of Children from Sexual Office Act rather chargesheet has been submitted only under Section 376 Indian Penal Code.

Considering the submissions at bar, after going through the allegations and noticing the statement of victim recorded under Section 164 Cr.P.C. regarding rape committed by the petitioner, this Court is not inclined to grant bail to the

Patna High Court Cr.Misc. No.588 of 2015 (2) dt.07-01-2015 petitioner at this stage and accordingly, his prayer for bail is again rejected in connection with Ghosbari P.S. Case No. 81 of 2013. However, the trial court is directed to expedite the trial as per the amended provision of Section 309 Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T