Umesh Das @ Umesh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59182 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- MAHILA PS District- Jamui ====================================================== Umesh Das @ Umesh Kumar Das, Son of Nakul Das, Resident of Village - Rajaun, P.S. - Sono, Distt - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 Earlier prayer for bail of the petitioner was rejected by this Court, vide order dated 12.10.2018 passed in Criminal Misc. No.38847 of 2018.
Allegation against the petitioner is of committing rape on the informant on the pretext of marriage and when she became pregnant, the petitioner threaten to get the pregnancy terminated and refused to marry her.
Submission of learned counsel for the petitioner is that now both the parties are ready to marry and ready to reside together. Petitioner is in custody since 16.04.2018. It has also been submitted that the case has been committed to the Court of Sessions, but even charge has not been framed. Heard learned APP also.
Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of
Patna High Court CR. MISC. No.59182 of 2019(2) dt.25-09-2019 2/2 with a direction once the charge has been framed and victim girl has been examined, the petitioner is at liberty to move before the court below for grant of bail and considering the evidence of the victim girl and submissions may by the learned counsel for the petitioner without being prejudiced by rejection orders passed by this Court earlier.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T