Md. Mokhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13648 of 2017 Arising Out of PS.Case No. -175 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Md. Mokhtar Son of Md. Wakil, Resident of Village- Chak Nasir, Police Station- Patepur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navendu Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard the parties.

This application is for grant of bail in connection with Patepur P.S.Case No.175 of 2014 for the offence under Sections 363, 366 & 366A/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though there is allegation against the petitioner that he has committed rape but that has not been supported by the medical evidence. The petitioner is in custody for more than one year. Heard learned A.P.P. also.

Having heard both sides and in view of seriousness of the offences as there is direct allegation against the petitioner, I am not inclined to grant bail to the petitioner, however, considering the fact that the petitioner is in custody for more than year, the

Patna High Court Cr.Misc. No.13648 of 2017 (2) dt.23-03-2017 2/2 learned trial court is directed to expedite the trial and try to conclude it within a period of one year. At the same time, the S.P., Vaishali at Hajipur is directed to ensure presence of the witnesses on the date fixed on regular basis so that the order may be complied within the period as specified otherwise the petitioner is at liberty to move before the court concerned himself. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U