Aale Imam @ Dulare @ Ali Imam v. The State Of Bihar

Patna High Court Cr.Misc. No.39978 of 2015 (2) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39978 of 2015 Arising Out of PS.Case No. -623 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== AALE IMAM @ DULARE @ ALI IMAM son of Sri Saiyad Murteza, R/o village- Siswan, P.S.- Banjaria, District- East Champaran .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 24.09.2014 passed in Cr. Misc. No. 34974 of 2014 and now he has renewed his prayer for bail on the ground that he is suffering in custody since 01.12.2013 and as a matter of fact it was a consented sex to which the learned APP opposes. Considering the statement of the victim recorded under Section 164 Cr.P.C. that the petitioner committed rape forcibly, as such, finding no good ground for reconsideration of prayer for bail of the petitioner, the same is again hereby rejected in connection with Turkaulia P.S. Case No. 623 of 2013.

However, the court below is directed to expedite the trial in view of amended proviso of Section 309 of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T