Basant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24797 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -ASAWAN District- SIWAN ====================================================== Basant Sharma, son of Nagendra Sharma, Resident of VillageKhandhpakar, Police Station- Asaw, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shubh Narain Singh For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Asaw P.S.Case No. 87 of 2016 registered for the offences punishable under Sections 376, 511, 326 and 307/34 of the Indian Penal Code.

Allegation is that petitioner along with others has attempted to commit rape upon the informant and on protest they have set her on fire.

It has been submitted on behalf of the petitioner that the whole prosecution story is unbelievable as it is alleged that father and son both have attempted to commit rape at the same time and further there is land dispute between the parties, due to which he has falsely been implicated and he is in custody for eight

Patna High Court Cr.Misc. No.24797 of 2017 (3) dt.05-07-2017 2/2 months.

Heard learned APP also.

Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within seven months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, which shall be considered on its own merit, without being prejudiced by this order.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U