Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8884 of 2018 Arising Out of PS.Case No. -10 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Rakesh Kumar S/o Nathuni Rai, R/o Jahangirpur, Sham, P.S.- Desari, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2018 Earlier prayer for bail of the petitioner was rejected on merit vide order dated 17.10.2017 passed in Cr. Misc. No. 47175 of 2017.

Submission of learned counsel for the petitioner is that the instant application has been renewed on the ground that the petitioner has been in custody since 16.06.2017 and uptil now even the case has not been committed to the court of sessions. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that earlier the prayer for bail has already been rejected on merit and the girl has also named this petitioner in her statement recorded under Section 164 Cr.P.C. and therefore, there is no occasion for this Court to his prayer for bail afresh, as such, I am not inclined

Patna High Court Cr.Misc. No.8884 of 2018 (2) dt.28-02-2018 2/2 to release the petitioner on bail. This application is accordingly rejected.

However, since the petitioner has been in custody since 16.06.2017, learned District Judge, Vaishali (Hajipur) is directed to see that the case is committed to the court of sessions within a period of two months and once committed the trial be concluded within a reasonable period.

(Vinod Kumar Sinha, J) sunil/- U T