Tuntun Mahto @ Tuntun Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33532 of 2016 Arising Out of PS.Case No. -39 Year- 2014 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Tuntun Mahto @ Tuntun Kumar Mahto, s/o Budhu Mahto, resident of village-Khoksaha, PS- Bibhutipur, Dist-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyam Bharti For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Bibhutipur PS case no. 39 of 2014 for the offence under Sections 376 and other sections of the Indian Penal Code. It is further submitted that six witnesses have already been examined. So far on the merit of the case, it is submitted that petitioner is not named in the FIR but lateron, on the basis of suspicion and on the basis of statement of the sister of deceased, his name transpires in this case and except that, there is no allegation against the petitioner.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and submitted that trial is at concluding stage.

Patna High Court Cr.Misc. No.33532 of 2016 (8) dt.17-01-2017 2/2 Having heard both sides. Considering the fact that trial is likely to be concluded and already six witnesses have been examined, I am not inclined to grant bail to the petitioner at this stage. As such, his prayer for bail rejected. However, lower court is directed to expedite the trial and conclude the same within a period of 06 months.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T