Teni Mahato v. The State Of Bihar

Patna High Court Cr.Misc. No.6305 of 2015 (2) dt.18-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6305 of 2015 Arising Out of PS.Case No. -285 Year- 2013 Thana -MANER District- PATNA ======================================================

1. Teni Mahato son of Bishwanath Mahato, Resident of village- Kahari Tola Sarai, P.S. Maner, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 24.12.2014 passed in Cr. Misc. No. 32059 of 2014 on the ground that the doctor who has examined the victim has not found sign of rape and further victim's age has been assessed between 16 to 17 years, and as such, the petitioner who is suffering in custody deserves sympathetic consideration to which the learned APP opposes. As the victim has supported the allegation in her statement recorded under Section 164 of the Cr.P.C. and she being the minor, this Court is not inclined to re-consider the prayer for bail of the petitioner. Accordingly, his prayer for bail in

Patna High Court Cr.Misc. No.6305 of 2015 (2) dt.18-03-2015 connection with Maner P.S. Case No. 285 of 2013 is again rejected.

However, the trial court is directed to expedite the trial and conclude the same as per the amended proviso of Section 309 of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T