Birendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18788 of 2015 Arising Out of PS.Case No. -194 Year- 2014 Thana -BATHNAHA District- SITAMARHI ======================================================

1. Birendra Mandal. Son of Shubhnarayan Mandal. Resident of Village - Bhagwanpur, Police Station - Bathnaha, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Dasrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.

The victim has stated in her statement recorded u/S 164 of the Cr. P.C. that this petitioner kidnapped her and also committed rape as a result thereof, she became pregnant. The victim was medically examined and her pregnancy was found positive. The victim was also found minor.

Therefore, considering the above-said submission as well as facts and circumstances of the case, I am not inclined to release the petitioner on bail and hence, his prayer for bail in

Patna High Court Cr.Misc. No.18788 of 2015 (4) dt.29-09-2015 2/2 connection with Bathnaha P.S. Case No. 194 of 2014 corresponding to Sessions Trial No. 259 of 2015 pending in the court of learned Additional Sessions Judge-III, Sitamarhi stands rejected.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.

This court hopes and expects that the informant shall produce his witnesses before the trial court as early as possible. (Hemant Kumar Srivastava, J) A.K.V./- U T