Dismissed

Rajeev Kumar @ Rajeev Ghosh @ Appu v. The State of Bihar

Patna HC24 Jul 2019CR. MISC./9547/2019

Case brief

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What is this about?

In a bail petition under CrPC arising from an IPC 376(D) case, the Patna High Court dismissed the prayer, noting that the Medication Examination Report supported the allegations and the trial is nearing conclusion within four months.

What did the court decide?

Prayer for bail dismissed; trial directed to conclude within four months; SDGP directed to ensure witness production.

Rajeev Kumar @ Rajeev Ghosh @ Appu Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9547 of 2019

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Arising Out of PS. Case No.-560 Year-2015 Thana- KADAMKUAN District- Patna

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Rajeev Kumar @ Rajeev Ghosh @ Appu S/o Late Manoranjan Ghosh Resident of Village - Nand Nagar Colony, P.S- Bahadurpur, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Satyavrat Verma

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 24-07-2019 Supplementary affidavit is filed on behalf of the petitioner. The same be kept on record.

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Heard learned counsel for the petitioner and the State.

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The petitioner seeks bail in a case registered under Section 376(D) of the Indian Penal Code.

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Earlier prayer for bail of the petitioner was rejected by order dated 01-08-2016 passed in Cr. Misc. No. 16767 of 2016 taking into account that the Medication Examination Report also supports the allegation made in the FIR.

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A report regarding status of the case had been called for from the trial court. The trial court has reported that out of five prosecution witnesses, three have already been examined. The trial is likely to be concluded within a period of four months.

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Considering the nature of accusation and the pace of the trial of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with

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Patna High Court CR. MISC. No.9547 of 2019(3) dt.24-07-2019 2/2

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Kadamkuan P.S. Case No. 560 of 2015 corresponding to Sessions Trial No. 423 of 2016 is rejected.

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Learned trial court is directed to expedite the trial and conclude the same preferably within a period of four months from the date of receipt/production of copy of this order.

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The District Magistrate and the Senior Superintendent of Police, Patna is directed to ensure the production of prosecution witnesses on the date fixed by the trial court, so that, the trial could be concluded within the stipulated period.

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Let a copy of this order be communicated to the District Magistrate and the Senior Superintendent of Police, Patna for needful.

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(Sudhir Singh, J)

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A.K.V.//-

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U T

Rajeev Kumar @ Rajeev Ghosh @ Appu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajeev Kumar @ Rajeev Ghosh @ Appu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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