Patna High CourtCR. MISC./20032/2016dismissed

Md. Chhotu v. The State Of Bihar

2016-07-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20032 of 2016 Arising Out of PS.Case No. -150 Year- 2013 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Chhotu son of Md.Jabbar, resident of village-P.S. Hasanganj, DistrictKatihar, at present residing at village- Mahathour, P.S. Sada (Dagaruwa), District-Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in custody since 01.04.2014 in connection with Sessions Trial No.345 of 2015 arising out of Sadar Dagarua P.S. Case No.150 of 2013 for the offences instituted under Sections 341, 376, 511/34 of the I.P.C. The accusation against the petitioner is of attempting to commit rape upon a minor daughter of the informant aged 13 years.

The earlier bail application of the petitioner was rejected vide Cr.Misc. No.29131 of 2014 dated 22.01.2015 directing the court below to expedite the trial. This is the second attempt for bail on behalf of the petitioner. A report regarding stage of the case was called for

Patna High Court Cr.Misc. No.20032 of 2016 (5) dt.20-07-2016 2/2 from the court below vide order dated 13.07.2016. The said report is at Flag "A". From perusal of the said report, it appears that two witnesses have already been examined in this case and only four witnesses are remained to be examined. It is further stated that within six months the trial of the case will be concluded. Considering the aforesaid facts and circumstances , I am not inclined to grant bail to the petitioner. The same is rejected.

Anyhow, the trial court is directed to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) AnilKrSinha/- U T