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Patna High CourtCR. MISC./70348/2022bail rejected

Md. Quarban v. The State Of Bihar

2023-01-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70348 of 2022 Arising Out of PS. Case No.-361 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== MD. QUARBAN S/o Md. Badruddin @ Baddo R/o Village- Soma Prapur, P.S.- Bakhri, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Hussamuddin Azad, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 363 and 365 of the Indian Penal Code.

As per the prosecution case, the 14 year old daughter of the informant disappeared. Subsequently after being recovered, in her statement under section 164 Cr.P.C., she has made direct allegation against the petitioner. The earlier prayer for bail of the petitioner was rejected vide order dated 3.1.2022 passed in Cr. Misc. No. 26613 of 2021.

It is submitted by learned counsel for the petitioner that in spite of the direction of this Court to expedite the trial, his trial is still continuing and there is no chance of the same

Patna High Court CR. MISC. No.70348 of 2022(3) dt.18-01-2023 2/2 concluding in the near future. The victim has already been examined. The petitioner is in custody since 2.1.2020 and undertakes to cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner and the trial having proceeded in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Shiv/- U T