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Patna High CourtCR. MISC./41800/2018dismissed

Chandan Kumar v. The State Of Bihar

2018-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41800 of 2018 Arising Out of PS.Case No. -242 Year- 2016 Thana -GAYA KOTWALI District- GAYA ====================================================== Chandan Kumar, S/o Ram Swaroop Sharma @ Ram Swaroop Thakur, R/o Mohallah- Sevadal Road Sampat Gali, P.S.- Vishunpad, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Singh For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 26.7.2017 passed in Cr.Misc.No. 33667 of 2017 and there is allegation of committing rape on a minor girl.

Submission of learned counsel for the petitioner is that petitioner is in custody since 5.7.2016 and till date not a single witness has been examined in this case.

Heard learned APP also.

Having heard both sides and on perusal of record it appears that trial has not commenced. However, learned trial court assures that trial will be concluded within four months. In the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

Patna High Court Cr.Misc. No.41800 of 2018 (3) dt.08-08-2018 2/2 However, learned trial court is directed to expedite the trial by conducting it on regular basis and try to conclude it as soon as possible. At the same time, Sr.Superintendent of Police, Gaya is directed to ensure presence of the witnesses in court. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U