Patna High CourtCR. MISC./11446/2015rejected

Sushil Sah v. The State Of Bihar

2015-05-25Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11446 of 2015 Arising Out of PS.Case No. -294 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Sushil Sah s/o Late Ramjeevan Sah R/o Village- Sidhighat Sikandarpur, P.S.- Town, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Subhash Chandra Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 363, 366A, 323, 506 as also under Section 376(D) of the Indian Penal Code.

Taking into consideration the fact that the victim girl aged about 14 years was subjected to gang rape and the victim in her statement under section 164 Cr. P. C. has supported the factum of gang rape showing the complicity of the petitioner as also other accused persons for commission of the crime in question and further taking into consideration that the case of the petitioner has been committed to the court of sessions, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail in connection with S. Tr. No. 870 of 2014 arising out of Town P.S. Case No. 294 of 2014, pending in the court of learned 7th Additional District & Sessions Judge, Muzaffarpur, at this stage and it is accordingly rejected for the present. Learned trial court is hereby directed to expedite the trial of the petitioner, as it is contended that charge has already been framed against him. However, if the trial of the petitioner is

Patna High Court Cr.Misc. No.11446 of 2015 (3) dt.25-05-2015 2/2 not concluded within a period of one year from the date of framing of charge, without there being any fault on his part, then he shall be at liberty to renew his prayer for bail.

(Birendra Prasad Verma, J) BTiwary/- U