Bhola Ram @ Bhola Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59815 of 2023 Arising Out of PS. Case No.-102 Year-2011 Thana- GOVINDPUR District- Nawada ====================================================== Bhola Ram @ Bhola Rajbanshi Son Of Late Bhneshwar Rajbanshi Resident Of Village - Patandei, P.S. - Govindpur, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 379 of the Indian Penal Code.

It is a case of commission of rape by the petitioner upon the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was all along on bail in connection with the present case but due to default, his bail bond was cancelled on 20.03.2013 and

Patna High Court CR. MISC. No.59815 of 2023(4) dt.09-01-2024 2/3 thereafter, on 01.08.2013, a proceeding under Sections 82-83 Cr.P.C has also been issued against the petitioner. The petitioner had been declared absconder on 30.11.2017. The petitioner could not surrender due to COVID-19 and subsequently on 17.05.2022, the petitioner surrendered in connection with Sirdala P.S. Case No. 189 of 2020 and thereafter on 30.06.2022, the petitioner has been remanded in this case. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that bail bonds of the petitioner was cancelled on 20.03.2013 and N.B.W was issued against him. The processes under Sections 82 and 83 Cr.P.C were also issued against him. The petitioner did not appear before the Trial Court due to which the trial got hampered.

Considering the fact that petitioner has misused the privilege of bail, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for bail of

Patna High Court CR. MISC. No.59815 of 2023(4) dt.09-01-2024 3/3 the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T