Patna High CourtCR. MISC./12950/2017rejected

Pramod Paswan @ Promod Kumar Paswan v. The State Of Bihar

2017-03-22Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.12950 of 2017 (2) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12950 of 2017 Arising Out of PS.Case No. -75 Year- 2015 Thana -KHAJAULI District- MADHUBANI ====================================================== Pramod Paswan @ Promod Kumar Paswan son of Sri Jugati Paswan, R/o village- Ekdara,P.S.-Khajuali, District- Madhubani.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP-86 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 08.02.2016 and 26.10.2016 passed in Cr. Misc. No. 49207 of 2015 and 46012 of 2016 respectively, on the ground that the petitioner is suffering in custody since 06.07.2015, it was a case of love affairs, the victim girl went out of her own sweet will, there is contradiction in the statement of the victim girl from the FIR, the victim girl has been found aged about 19 years by the doctor, up-till-now four witnesses have been examined and cross-examined and PW 5 has only been examined and his cross-examination has not been started and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.12950 of 2017 (2) dt.22-03-2017 Learned APP opposes the prayer of bail by submitting that the victim was kept in the house of maternal uncle of the petitioner and there the petitioner established physical relation with her.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, learned trial court is again directed to expedite the trial and conclude the same as early as possible, preferably, within three months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

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