Patna High CourtCR. MISC./60794/2018dismissed

Md. Shahid @ Md. Sahid v. The State Of Bihar

2018-10-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60794 of 2018 Arising Out of PS.Case No. -473 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================

1. Md. Shahid @ Md. Sahid, son of Md. Usman, resident of VillageIslampur, Naharpur, Near D.S. College Katihar P.S. Nagar, Katihar, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Earlier prayer for bail of the petitioner was dismissed twice vide order dated 11.01.2017 passed in Cr. Misc. No. 55232 of 2016 and vide order dated 10.05.2017 passed in Cr. Misc. No. 22218 of 2018 and the allegation against the petitioner is of kidnapping and committing rape upon the victim girl. Submission of learned counsel for the petitioner that since 18.12.2017 several dates have been fixed but no witness have been examined and petitioner has been languishing in judicial custody since for last two years.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail.

Patna High Court Cr.Misc. No.60794 of 2018 (2) dt.03-10-2018 2/2 However, since the petitioner has been in custody for last two years and no witness has been examined uptil now, the trial court is directed to expedite the trial and conduct it on day to day basis so that the trial be concluded within a reasonable period of time.

At the same time, S.P. Katihar is also directed to ensure the production of witnesses in the trial court on the date fixed so that the trial be concluded expeditiously.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T