Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19536 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -ALAMGANJ District- PATNA ======================================================

1. Mohan Kumar, son of Rambilash Mahto, resident of Village Agwil, Rampur, P.S.- Medni Chauki, District- Lakhisarai at present address- A/P Sanichara (Tenant in the House of Mahto Jee), P.S. Bahadurpur, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Singh For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Alamganj P.S.Case No.28 of 2017, registered for offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape of a deaf and dumb girl inside the Remand Home.

It is submitted on behalf of the petitioner that he has been falsely implicated in this case, actually he was working as labourer in the remand home and there was inimical term with the contractor and the petitioner had demanded his labour payment, as such he has been falsely implicated in this case. It is further submitted the victim girl has not supported the prosecution case in

Patna High Court Cr.Misc. No.19536 of 2017 (2) dt.04-05-2017 2/2 her statement under Section 164 Cr.P.C. The petitioner is in custody for about three months.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months.

The S.S.P., Patna is directed to make ensure attendance of the witnesses on the date fixed by the court below so that the trial may be concluded within the period as specified by the Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U