Dilip Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30468 of 2018 Arising Out of PS. Case No.-185 Year-2015 Thana- TARIYANI CHOWK District- Sheohar ======================================================

1. Dilip Mahto, Son of Kishori Mahto.

2. Santosh Mahto, Son of Kishori Mahto. Both Resident of VillageSarwarpur, P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Tariyani P.S. case No.185 of 2015 (S. Tr. No.2 of 2016) registered under Sections 366(A)/34 of the I.P.C., pending in the court of Addl. District & Sessions Judge Ist, Sheohar. Later on, Sections 302, 376(D), 120(B)/34 of the I.P.C., Section 4 of the POCSO Act and Sections 3(i)(xii) of the SC/ST (Prevention of Atrocities) Act were also added.

This is the third attempt for bail made on behalf of the petitioners. Earlier the bail applications of the petitioners were rejected vide Annexure-1 series to the present application taking into account that the victim was abducted. Thereafter she was

Patna High Court Cr.Misc. No.30468 of 2018(3) dt.21-06-2018 2/2 subjected to rape and she was murdered and her dead body was thrown.

A report was called for from the trial court regarding the stage of the trial. It has been reported that the charge has been framed and the trial is expected to be concluded within a period of six months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. The District Magistrate, Sheohar and the Superintendent of Police, Sheohar are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Sheohar and the Superintendent of Police, Sheohar. (Sudhir Singh, J) Narendra/- U T