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Patna High CourtCR. MISC./28807/2018dismissed

Jitendra Mahto v. The State Of Bihar

2018-07-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28807 of 2018 Arising Out of PS.Case No. -44 Year- 2016 Thana -MAHILA P.S. District- SEKHPURA ======================================================

1. Jitendra Mahto, son of Baleshwar Mahto, resident of Village- Bhadausi, P.S.- Korma, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 17.7.2017 passed in Cr. Misc. No.26974 of 2017 and the allegation against the petitioner is of rape.

Submission of the learned counsel for the petitioner is that the report was called for. The trial has been commenced though the period of nine months given to the learned court below has expired.

Heard learned A.P.P. and from perusal of the report it appears that the learned trial court has examined four witnesses and the case is pending for examination of the other witnesses. In such view of the matter, I am not inclined to grant

Patna High Court Cr.Misc. No.28807 of 2018 (5) dt.25-07-2018 2/2 bail to the petitioner, however, the learned trial court is directed to conduct it on regular basis so that the trial may be concluded. At the same time, the S.P. Sheikhpura, is also directed to produce witnesses in the court so that the trial maybe concluded..

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U