Patna High CourtCR. MISC./42758/2017disposed

Asif Iqbal v. The State Of Bihar

2017-10-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42758 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -MAHILA P.S. District- PATNA ======================================================

1. Asif Iqbal, Son of Late Mansoor Hasan, Resident of Village- Chhotki Khanka, Masjid Milkina Gali, Shagun Namkeen Factory, P.S.- Phulwarisharif, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No. 32/2016, registered for the offences punishable under Sections 295A, 313, 323, 344, 376, 328, 420, 496, 506 and 34 of the Indian Penal Code and Section 66B of the I.T. Act. Earlier prayer for bail of the petitioner was rejected, vide order at Annexure-1, with observation to expedite the trial. Submission of learned counsel for the petitioner is that after framing of charge three witnesses have been examined including the informant/prosecurtix and she has not supported the case. The petitioner is in custody since 26.11.2016. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.42758 of 2017 (3) dt.11-10-2017 2/2 Having heard both sides, in view of the facts that in this case three witnesses have been examined and six witnesses have remained to be examined, I am not inclined to enlarge the petitioner above named on bail at this stage. Accordingly, the prayer for bail of the petitioner is rejected.

Learned trial court is directed to expedite the trial and examine rest of the witnesses and try to conclude the same and within a period of four months.

If the trial is not concluded within a period of four months, the trial court will release petitioner on bail. (Vinod Kumar Sinha, J.) Rakhi U T