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Patna High CourtCR. MISC./49510/2014rejected

Anup Singh @ Jhupan Singh @ Jhuman Singh @ Anup v. The State Of Bihar

2016-02-29Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49510 of 2014 Arising Out of PS.Case No. -122 Year- 2012 Thana -NAWADA District- NAWADA ======================================================

1. Anup Singh @ Jhupan Singh @ Jhuman Singh @ Anup S/o Surendra Prasad Singh Resident of Village - Siswan,P.S-Nawada (Town) Nawadah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 342, 323, 376 (G) and 506 of the I.P.C Allegedly, the petitioner and other co-accused committed gang rape with the informant causing bleeding injury in her private part.

Submission is of false implication and that the petitioner is in custody since 23.03.2012, the informant and other witnesses have been examined in this case but none of them have supported the allegation of rape and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes. In the facts and circumstances as stated above, at this

Patna High Court Cr.Misc. No.49510 of 2014 (3) dt.29-02-2016 2/2 stage, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with S. Tr. No. 292 of 2012/ 184 of 2014 arising out of Nawadah Town P.S. Case No. 122 of 2012 pending in the court of A.D.J.-II, Nawadah.

However, the learned trial Judge is directed to expedite the trial and to conclude the same preferably within three months after taking all the positive steps and keeping the same on day to day basis, failing which the petitioner may be at liberty to renew his prayer for bail.

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