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Patna High CourtCR. MISC./69993/2022rejected

Ravi Sahu @ Ravi Raj @ Ravi Kumar Sah v. The State Of Bihar

2023-05-09Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69993 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== RAVI SAHU @ RAVI RAJ @ RAVI KUMAR SAH Son of Dukh Haran Sahu R/o Village - Totaila, P.S.- Kamtaul, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 30.03.2022 in connection with Mahila P.S. Case No.12/2021, corresponding to S. Tr. No.488/2022, F.I.R. dated 21.01.2021 registered for the offences punishable under Sections 376, 344, 506 and 34 of the I.P.C.

According to prosecution case, the petitioner is alleged to have committed rape upon the informant on the false pretext of marriage.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.69993 of 2022(3) dt.09-05-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R. Learned Additional Public Prosecutor vehemently opposed the prayer for bail of the petitioner. Vide order dated 28.03.2023 a report was called for from the Trial Court with regard to the stage of the case. Report of the Trial Court dated 12.04.2023 reveals that the trial is going on and out of ten prosecution witnesses, three prosecution witnesses have already been examined in the present case (S. Tr. No.488 of 2022) and the case is fixed for examination of the rest prosecution witnesses on 01.05.2023.

In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Mahila P.S. Case No.12/2021, corresponding to S. Tr. No.488/2022, pending in the court of learned 1st Additional Sessions Judge, Darbhanga.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) amit/- U T