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Patna High CourtCR. MISC./53813/2023dismissed

Baban Yadav v. The State Of Bihar

2023-08-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53813 of 2023 Arising Out of PS. Case No.-15 Year-2017 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== BABAN YADAV S/O RAMJANAM YADAV R/O VILLAGE- TIURA, PS. CHUTIYA, DIST. ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bikram Deo Singh, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-08-2023 Heard Mr. Bikram Deo Singh, learned Counsel for the petitioner and learned APP for the State. The petitioner is an accused in connection with Sessions Trial No. 380 of 2023 arising out of Chutiya P.S. Case No. 15 of 2017 registered for the offences under sections 376 and 34 of the Indian Penal Code lodged on 20.03.2017 by the informant, Anita Devi.

As per the prosecution story, the lady informant who is sister-in-law (bhabhi) of the petitioner has made allegation of rape against him. Accordingly, the FIR.

At the outset, learned APP pointed out that the matter is of 2017 and the petitioner chose to come into judicial custody only on 01.04.2023 (as stated in paragraph 16 of the bail application).

Patna High Court CR. MISC. No.53813 of 2023(2) dt.23-08-2023 2/2 Considering the allegation that the lady has made against the petitioner as also that due to his absence, the Trial has been delayed, for the present, this Court is not inclined to extend him privilege of bail, which is accordingly rejected. The Trial Court is directed to expedite the trial and conclude the same at an earliest.

(Rajiv Roy, J) Neha/- U T