Patna High CourtCR. MISC./612/2017rejected

Saurabh Kumar @ Saurav Kumar v. The State Of Bihar

2017-01-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.612 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Saurabh Kumar @ Saurav Kumar, S/o Satyendra Kumar Mishra, resident of Village- Anandbag Ward No.34, Bhikhanpur, P.S.- Ishakchak, DistrictBhagalpur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail for the offence under Sections 323, 341, 354(B), 376/34 of the Indian Penal Code and Sec. 3 /4 of Dowry Prohibition Act.

It is submitted on behalf of petitioner that there is direct allegation against the petitioner under Section 376 and other sections of IPC but as a matter of fact the informant and petitioner are friends and it is the informant who persuaded the petitioner for marriage, for which, petitioner is not ready and due to that, the present case is filed in order to put pressure on him. It is further submitted that petitioner is in custody for about three months.

Patna High Court Cr.Misc. No.612 of 2017 (2) dt.12-01-2017 2/2 Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and stated that there is direct allegation against the petitioner.

Having heard both sides. In view of the fact that there is direct allegation against the petitioner and charge-sheet has also been filed, finding the case true against the petitioner, I am not inclined to grant bail to the petitioner. As such, his prayer for bail is rejected at this stage. However, lower court is directed to expedite the trial.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T