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Patna High CourtCR. MISC./51606/2018rejected

Arun Kumar Mahto v. The State Of Bihar

2018-09-05Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51606 of 2018 Arising Out of PS.Case No. -95 Year- 2016 Thana -RASULPUR District- SARAN ======================================================

1. Arun Kumar Mahto S/o Janardan Mahto resident of Village- Chanchaura P.S. Rasaulpur, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner who has been in custody since 18.07.2018 in connection with Rasulpur P.S. Case No. 95/2016 registered for the offences punishable under Sections 363/366(A) of the Indian Penal Code and later on Section 364/302/201/34 of the Indian Penal Code was added, seeks to renew his prayer for bail on the ground that one of the independent witnesses has now stated that the victim girl was of doubtful character and, therefore, the petitioner may be extended the privilege of bail. The prayer for bail was earlier rejected after consideration of all facts and circumstances and in view of the fact that the petitioner had earlier threatened to kidnap the daughter of the informant and subsequently, she was kidnapped and her body was found in the field, his prayer for bail was rejected.

Patna High Court Cr.Misc. No.51606 of 2018 (2) dt.05-09-2018 2/2 No fresh ground is now made out though learned counsel for the petitioner submits that an independent witness has stated that the girl was of doubtful character. Such material alone is not enough for release of the petitioner.

As such, the prayer for bail is rejected once again. The trial Court is directed to expedite the trial of the present case so as to conclude the same positively within a period of nine months from the date of receipt/production of a copy of this order.

(Anjana Mishra, J) Saif/- U T