Patna High CourtCR. MISC./48862/2022disposed

Nathu Mahaldar @ Nathu v. The State Of Bihar

2023-09-22Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48862 of 2022 Arising Out of PS. Case No.-395 Year-2019 Thana- KORHA District- Katihar ====================================================== Nathu Mahaldar @ Nathu, Son Of Late Bhola Mahaldar, R/O VillageBarateni, P.S.- Udakishunganj, District- Madhepura ... ... Petitioner

Versus

1. The State of Bihar

2. Sintu Kumar Pandit, Son of Late Ramsevak Pandit, Resident of VillageMusapur, P.S.- Korha, District- Katihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-09-2023 By filing this application, the petitioner has renewed his prayer for bail in connection with Korha P.S. Case No. 395 of 2019 registered for the offences punishable under Sections 363, 366, 506/34 of the Indian Penal Code. The petitioner has no criminal antecedent. He is in custody since 23.11.2019.

2. Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 25.08.2021 passed in cr. Misc. No. 12841 of 2021 after noticing the allegations against him. This Court had noticed that there was an allegation of rape against the petitioner and the victim was aged between 15-17 years.

3. Learned counsel for the petitioner at this stage has informed that five prosecution witnesses have already been examined and now the case is fixed for the evidence of the

Patna High Court CR. MISC. No.48862 of 2022(6) dt.22-09-2023 2/2 Investigating Officer who is only left over prosecution witness.

4. In view of the progress already made in course of trial and now that only one witness has remained to be examined, this Court is not inclined to release the petitioner on bail at this stage.

5. Let the learned trial court complete the trial at the earliest and preferably within a period of four months from the date of receipt/communication of a copy of this order. For this purpose, the records shall be kept on shorter dates and no unnecessary adjournment shall be granted to the parties.

6. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T