Patna High CourtCR. MISC./56849/2017rejected

Md. Abdul v. The State Of Bihar

2017-12-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.56849 of 2017 (3) dt.13-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56849 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ======================================================

1. Md. Abdul, Son of Md. Noor, R/o Mohalla- Bakesah Chouk Chandwara, P.S. Town, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mithilesh Kumar Vidyarthi For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13.12.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court but again, this petition has been filed seeking bail of the petitioner on the ground of detention in custody. Trial court has reported that out of seven chargesheeted witnesses, five prosecution witnesses have already been examined but the prosecutrix/ victim has not been examined as yet. Moreover, trial court has also reported that the case of the petitioner has already been separated from the case of absconder accused. Therefore, in the aforesaid facts and circumstances again, I am not inclined to release the petitioner on bail and his prayer for bail in connection with Session trial no. 379/2016 arising out of Mahila P.S. Case no. 20/2016 pending in the court of Addl. Sessions Judge X, Muzaffarpur stands rejected.

Patna High Court Cr.Misc. No.56849 of 2017 (3) dt.13-12-2017 This court expects that trial court should proceed with trial of the petitioner expeditiously and shall dispose of trial of the petitioner as early as possible.

Let copy of this order be sent to Senior Superintendent of Police, Muzaffarpur with direction to him to ensure the presence of victim of the above stated case before the trial court within two weeks from the date of receipt/production of a copy of this order. shahid (Hemant Kumar Srivastava,J) U T