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Patna High CourtCR. MISC./18878/2017disposed

Chandan Ram v. The State Of Bihar

2017-04-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 18878 of 2017 Arising Out of PS.Case No. -107 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Chandan Ram Son of Shivratan Ram, Resident of Village- Mahammadpur, Nilami Tola Kerwania, Police Station- Barauli (Madhopur OP), DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Abdul Mannan Khan, Mr Md Najmul Hoda, Advocates For the Opposite Party/s : Mr Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.

This application is for grant of regular bail in connection with Barauli (Madhopur OP) Police Station Case No 107 of 2015 registered for the offences punishable under Sections 366A, 366, 354/34 of Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner is named in the first information report. It has further been submitted on behalf of the petitioner that earlier there was marriage between the petitioner and the daughter of the informant and, thereafter, informant has taken away his daughter and lodged this case and the petitioner has also lodged a case which will appear from Annexure 4. It is further submitted that all the other

Patna High Court Cr.Misc. No.18878 of 2017 (2) dt.25-04-2017 2/2 co-accused persons have been granted bail which will appear from the impugned order itself and petitioner is in custody since 09.05.2016.

Heard learned APP also.

From impugned order itself, it appears that all other accused persons have already been granted bail. The impugned order further shows that the prayer for bail of the petitioner was rejected on the ground that charge has not been framed and case was fixed for hearing on the point of framing of charge on 04.02.2017.

Considering the aforesaid aspect of the matter, this application is disposed of with a direction to the petitioner to move before the trial Court itself for bail and the trial Court will consider this aspect of the matter that all other accused persons have already been granted bail and a counter case has also been lodged by the petitioner and considering this aspect of the matter, if the charge has been framed, the trial Court will pass appropriate order with regard to application for bail of the petitioner. (Vinod Kumar Sinha, J) M.E.H./- U T