Patna High CourtCR. MISC./18935/2017dismissed

Md. Mukhtar @ Md. Mokhtar Alam v. The State Of Bihar

2017-04-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18935 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Mukhtar @ Md. Mokhtar Alam, S/o Late Mansoor, Resident of Village Rampur Kodar Katti Ward No.- 13, P.S.- Araria, District- Araria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mrs. Manisha Prakash, Advocate For the informant : Mr. Prabhakar Singh, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Araria P.S. Case No. 193 of 2016 registered for the offences punishable under Sections 302, 201 and 376D/34 of the Indian Penal Code.

Allegation against the petitioner is of committing rape and killing the deceased.

It has been submitted on behalf of the petitioner that whole prosecution case appears to be false and concocted as both father and son have been involved in this case under Section 376 IPC, which is not believable. Further it has been submitted petitioner is in custody for about one year.

Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.18935 of 2017 (2) dt.26-04-2017 2/2 informant, who have opposed the prayer for bail. Having heard both sides and in view of the allegation, I am not inclined to grant bail to the petitioner. However, as the petitioner is in custody for one year, learned trial court is directed to expedite the trial of the petitioner, if possible, on day-to-day basis, so that the trial may be concluded within a period of nine months. Learned counsel for the informant is directed to co-operate in disposal of the trial and make the witnesses available in court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U