Md. Jiyauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2785 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Md. Jiyauddin Son of Md. Giyasuddin @Md. Giyas Resident of VillageMachhbakhra, Police Station- Madhepure (Bharrahi O.P), DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard the parties.

This application is for grant of bail in connection with POCSO Case No.7 of 2016 arising out of Mahila (Madhepura) Police Station Case No.40 of 2016 for the offence under Sections 376, 511 and 506 of the Indian Penal Code.

It is submitted on behalf of the petitioner that no case is made out under Section 367 of the Indian Penal Code and the petitioner has clean antecedent but due to the village politics, he has been implicated in this case.

Heard learned A.P.P. also, who opposes the prayer for bail of the petitioner stating that there is direction allegation against the petitioner of taking the victim girl forcibly and trying to commit rape.

Patna High Court Cr.Misc. No.2785 of 2017 (2) dt.09-02-2017 2/2 Having heard both sides. In view of the allegation against the petitioner, as above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months and if not concluded, the petitioner is at liberty to move for bail.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U