IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5 of 2009 AJEET GUPTA , Son of Shri Tarkeshwar Gupta, resident of Dariyapur Gola, P.S. Kadamkuyan, District-Patna ------------ Petitioner Versus THE STATE OF BIHAR ------------ Opp.Party ----------- 2 25-03-2009 Heard Mr. Pandey Sanjay Sahay, learned counsel for the petitioner as also Mr. Jay Shankar Pd.Singh, learned A.P.P. for the State. This is the second attempt by the petitioner to secure bail for himself in connection with Kadamkuan P.S. Case no.19 of 2007 registered under Section 366 A I.P.C. The earlier application for bail by the petitioner vide Cr.Misc.No.35300 of 2007 was rejected by the order dated 19.12.2007 wherein liberty was given to him to renew his prayer for bail after one year. The present application is in response to the liberty granted to him. It is submitted with reliance on Annexure-4 that the father in course of his deposition has stated in the court that the victim girl had appeared in her I.Sc. Examination on two occasions and if that is to be believed then obviously the victim girl could not have been a minor at the date of occurrence. The factum of the victim girl not being a minor on the date of occurrence which has already been taken into consideration by this Court on the earlier occasion, cannot now be a ground to reverse the earlier order.. However, due regard being had to the facts and - 2 - circumstances of the case, the petitioner is directed to move the learned Sessions court in seisin of the case being Sessions Trial no.1399 of 2007 to move afresh for bail and in the event the petitioner moves a fresh application for bail, the learned court in seisin of the case will dispose of the same keeping in mind the prosecution evidence adduced in the trial so far and dispose of the same as expeditiously as possible. With the aforesaid observation, this application is disposed of . NKS/- ( Abhijit Sinha, J )