Patna High CourtCR. MISC./16412/2017rejected

Kamleshwari Mandal v. The State Of Bihar

2017-05-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16412 of 2017 Arising Out of PS.Case No. -178 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Kamleshwari Mandal, Son of Late Sivnarayn Mandal, resident of Village- Singhiyan Sundar, P.O.- Durgapur, P.S.- Bhawanipur, DistrictPurnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is that he committed rape against the informant by committing house trespassers in the house of the informant.

Learned counsel for the petitioner has drawn attention of the Court towards some minor discrepancy in the statement of the victim before the police as well as her statement under Section 164 Cr.P.C.

However, she is consistent that the petitioner had committed rape. Petitioner is in custody since 13.12.2016. Considering the nature of allegation against the

Patna High Court Cr.Misc. No.16412 of 2017 (3) dt.16-05-2017 2/2 petitioner, I am not inclined to enlarge him on bail in connection with Bhawanipur Police Station Case No. 178 of 2016 pending in the court of learned Additional Chief Judicial Magistrate-II, Purnea/successor court.

Hence, prayer for bail is refused.

However, the learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of a copy of this order, failing which the petitioner may renew his prayer for bail before the learned court below itself.

(Birendra Kumar, J) Kundan/- U T