Patna High CourtCR. MISC./24773/2017rejected

Karu Singh v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24773 of 2017 Arising Out of PS.Case No. -135 Year- 2010 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Karu Singh, son of Rajendra Singh, resident of Vilage- Bishanpur Beri Tola Motiour, P.S.- Mohiuddinagar, District- Samastipur Bihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== 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 Mohiuddinnagar P.S.Case No. 135 of 2010, corresponding to Sessions Trial No. 53 of 2017, registered for the offences punishable under Sections 366/34 and 376 of the Indian Penal Code.

Petitioner is not named in the FIR and later on his name transpires during course of investigation and from perusal of record it appears that the girl has named this petitioner, who has also committed rape upon her.

It has been submitted on behalf of the petitioner that there is contradiction between the statement of the girl recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. and

Patna High Court Cr.Misc. No.24773 of 2017 (3) dt.05-07-2017 2/2 petitioner is in custody since 1.9.2016.

Heard learned APP also.

Having heard both sides and in view of nature of allegation, I am not inclined to grant bail to the petitioner. However, as the trial has commenced, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within nine months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, who has consider the bail application of the petitioner and pass an appropriate order.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U