Dayanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19017 of 2019 Arising Out of PS. Case No.-120 Year-2017 Thana- MURLIGANJ District- Madhepura ====================================================== Dayanand Ram Son of Late Mahendra Ram Resident of Village - Aliganj, P.S.- Barhara Kothi, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Murliganj P.S. Case No. 120 of 2017 registered under Sections 366A, 504 and 506/34 of the Indian Penal Code.

Petitioner along with two named and two unknown miscreants are said to have kidnapped the minor daughter of the informant while she had stepped out of her house for defecation. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case merely on suspicion. He has no criminal antecedent and has been languishing in custody since 01.05.2017. Earlier, the bail prayer of the

Patna High Court CR. MISC. No.19017 of 2019(4) dt.26-06-2019 2/3 petitioner was rejected by this Court vide order dated 11.08.2017 with direction to the learned court below to conclude the trial within nine months, but the trial has not yet been concluded. Hence, the petitioner may be enlarged on bail. Per contra, learned APP for the State opposing the bail prayer of the petitioner submitted that the victim in her statement has taken the name of the petitioner and others as her kidnappers. She has further stated that that they had taken her to Katihar on motorcycle and from there to Haryana and they wanted to sell her out.

Vide letter no. 253/2019 dated 10.05.2019, learned court below has reported that the case been committed on 15.04.2019 and is likely to be concluded within five months. Considering the facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.

However, learned court below is directed to conclude the trial as expeditiously as possible within five months from the date of receipt or production of a copy of this order fixing the case on day to day basis and S.P. Madhepura is directed to ensure production of the witnesses in the case on each and every date fixed without fail.

Patna High Court CR. MISC. No.19017 of 2019(4) dt.26-06-2019 3/3 Let a copy of this order be communicated to S.P. Madhepura by fax for needful.

(Prakash Chandra Jaiswal, J) rohit/- U T