Patna High CourtCR. MISC./58100/2023rejected

Umesh Rai v. The State Of Bihar

2023-10-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58100 of 2023 Arising Out of PS. Case No.-209 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Umesh Rai Son Of Harwanshu Rai @ Harwansh Rai Resident Of VillageMallikpur, Ps- Raghopur, Dist- Vaishali ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-10-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has renewed his prayer for bail in connection with Raghopur P.S. Case no. 209 of 2021 registered under sections 376 and other sections of the Indian Penal Code.

3. The allegation against the petitioner is of having committed rape on the informant.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 13.1.2023 (Annexure-1) passed in Cr. Misc. no. 27221 of 2022. Besides no case under section 376 of the Indian Penal Code being made out, the investigation officer as also senior police authorities are also of the same opinion which would be evident from the letter dated 20.3.2022 (Annexure-3). The petitioner is in custody since 22.10.2021 and undertakes to

Patna High Court CR. MISC. No.58100 of 2023(3) dt.13-10-2023 2/2 cooperate in the trial.

5. The application for bail is opposed by learned A.P.P. for the State who submits that the trial has progressed.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 14.9.2023 one witness has been examined on behalf of the prosecution.

7. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Liberty is granted to the petitioner to renew his prayer for bail in case of inordinate delay in trial in the learned trial Court.

(Partha Sarthy, J) ajay/- U T