Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2313 of 2017 Arising Out of PS.Case No. -465 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Shailendra Kumar Son of Late Laldeo Sharma, R/o Village- Babhanpura, P.S.- Phulwarisharif, District- Patna.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Praveen Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 Heard the parties.

The appellant seeks regular bail in Special Case NO.115 OF 2015 arising out of Phulwarisharif P.S. Case No.465 of 2016 registered for the offence under Sections 387 of the I.P.C. and Section 3(x) of SC/ST (POA) Act.

Allegation against the appellant is of demanding extortion from Shyam Rajak and also hurling abuse on him by caste name.

Submission of the learned counsel for the petitioner is that he has not abused in public view and so far demand of extortion is concerned, he has falsely been implicated in this case. He is in custody for more than one year.

Heard learned A.P.P. also who opposed the prayer for

Patna High Court CR. APP (SJ) No.2313 of 2017 (3) dt.09-11-2017 2/2 bail on the ground that the material available in the case diary shows that the Mobile on which the extortion was demanded is of Sarhu of the appellant.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the appellant. However, considering the fact that the appellant is in jail custody for more than one year the trial court is directed to expedite the trial and try to conclude it within a period of nine months and at the same time the Sr.S.P. is directed to ensure the presence of the witnesses strictly.

With the aforesaid observation this appeal is dismissed. (Vinod Kumar Sinha, J) AnilKrSinha/- U