Md. Neyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20850 of 2020 Arising Out of PS. Case No.-12 Year-2016 Thana- MAHILA PS District- Gaya ====================================================== MD. NEYAZ Son of Md. Shoaib @ Shibu Resident of Mohallah - Dargah Road, Karbala, P.S.- Sultanganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-09-2020 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner, who is in custody since 01.07.2016 seeks bail in connection with Mahila P.S. Case No. 12 of 2016 instituted for offence Sections 376(D), 114, 342, 365, 352, 379, 471 and 34 of the Indian Penal Code and Sections 66(A) and 66(E) of the I.T. Act.

The prayer for bail of the petitioner was earlier thrice rejected by this Court.

On the last occasion, this Court had called for a report from the court below about the stage of the case.

Patna High Court CR. MISC. No.20850 of 2020(3) dt.09-09-2020 2/2 The report indicates that the trial has not yet begun because three other accused persons of this case have not appeared. The petitioner is said to be in custody for four years.

Considering the nature of accusation against the petitioner, I am not inclined to grant bail to him. The prayer for bail is rejected.

However, the Trial Court is directed to separate the trial of the petitioner and conclude the same within a period of one year from today.

In case the trial of the petitioner is not concluded within the aforesaid period, he would have the liberty to approach this Court again for grant of bail.

(Ashutosh Kumar, J) sunilkumar/- U T