Md. Musa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50349 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -AMDABAD District- KATIHAR ====================================================== Md. Musa Son of Md. Altaf, R/o Jamra Ratanpur, P.S.- Amdabad, DistrictKatihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah, Adv. For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376 of the Indian Penal Code. Allegation against the petitioner in the FIR is that with the help of co-accused Md. Naushad he committed rape on the informant.

Learned counsel for the petitioner submits that the statement of the mother of the informant would reveal that the parties were on talking relationship from before which would persuade to draw presumption of love affair between the parties. The petitioner is in custody since 17.08.2017. Considering the allegation against the petitioner,

Patna High Court Cr.Misc. No.50349 of 2017 (3) dt.02-01-2018 I am not inclined to enlarge the petitioner on bail for the present. However, the trial court is directed to expedite the trial and conclude the same within six months, failing which the petitioner would be at liberty to renew his prayer for bail before the learned court below itself who shall pass a reasoned order. Accordingly, the application is rejected in connection with Amdabad P.S.Case No.19 of 2017 pending before the court of learned Chief Judicial Magistrate, Katihar. (Birendra Kumar, J) Nitesh/- U T