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Patna High CourtCR. MISC./72490/2019dismissed

Sikandar Paswan @ Satyendra Paswan v. The State Of Bihar

2020-03-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72490 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Sikandar Paswan @ Satyendra Paswan, male, aged about 27 years, Son of Naresh Paswan, Resident of Village - Maniyarpur, P.S. - Vidyapatinagar, (Ghatho O.P.), Distt. - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ramdew Mahto, male, aged about 55 years, Son of Ramji Mahto, Resident of Village - Maniyarpur, P.S. - Vidyapatinagar, (Ghatho O.P.), Distt. - Samastipur.

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

For the Petitioner/s :

Mr. Sarojanand Kumar, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2020 The petitioner seeks bail in connection with Sessions Trial No. 390 of 2018 arising out of Vidyapati Nagar P.S. Case No. 43 of 2018, dated 04.05.2018, instituted for the offences under Sections 323, 341, 376, 448, 504 and 506 of the Indian Penal Code.

The petitioner is alleged to have raped the daughter of the informant.

From the perusal of the impugned order, it appears that till the date of rejection of bail, five of the prosecution

Patna High Court CR. MISC. No.72490 of 2019(3) dt.05-03-2020 2/2 witnesses had been examined and the victim and the doctor were to be examined. In all its probability, the trial must have concluded by now.

If the trial has not concluded, the Trial Court would be under an obligation to conclude the same as expeditiously as possible.

However, for the present, this Court is not inclined to grant bail to the petitioner.

The prayer for bail of the petitioner is accordingly rejected.

The petition stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T