Patna High CourtCR. MISC./19631/2016rejected

Rudal Yadav v. The State Of Bihar

2016-10-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19631 of 2016 Arising Out of PS.Case No. -211 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Rudal Yadav, Son of Late Anil Yadav, Resident of Awas Board, Khagaria, P.S. and District- Khagaria presently residing in the House of Ram Bilash Yadav, Village- Jafar Nagar, P.S. Muffasil, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2016 Heard both sides.

The petitioner seeks bail in Sessions Trial no. 171 of 2015 arising out of Munger (Muffasil) P.S. case no. 211 of 2014 registered under Section 376 of the Indian Penal Code. The petitioner is alleged to have committed rape with the victim. The prayer for bail of the petitioner was earlier rejected vide order dated 24.04.2015 passed in Cr. Misc. no. 9561 of 2016 with a direction to the Trial Court to conclude the trial within nine months from the date of this order. Dr. Amrendra Kumar, learned counsel for the petitioner submits that the trial has not been concluded as yet.

Patna High Court Cr.Misc. No.19631 of 2016 (3) dt.05-10-2016 2/2 From perusal of the report of 1st Additional Sessions Judge, Munger, it appears that out of eight witnesses, seven witnesses have already been examined and only one witness is remained to be examined and the trial is likely to be concluded within four months.

Considering the facts and circumstances of the case, I am not inclined to enlarge the abovenamed petitioner on bail and accordingly, the same is rejected. The Trial Court is directed to expedite the trial and conclude the same positively within three months from the date of receipt/ production of a copy of this order.

(Prabhat Kumar Jha, J.) rinkee/- U T