Md. Afroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48257 of 2016 Arising out of P.S. Case No. - 126 Year - 2016 Thana - DANAPUR District - PATNA ====================================================== Md. Afroj, aged about 28 years, Son of Late Md. Ibrahim, Resident of Mohalla Nasriganj, Pathan Toli, P.S. Danapur, District Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunit Kumar Srivastava, Advocate For the Opposite Party : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2017 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 457, 376 and 506 of the Indian Penal Code.

Allegation against the petitioner is of commission of rape on the informant. The petitioner is in custody since 22.03.2016.

The report of the trial court dated 30.01.2017 reveals that Sessions Trial No. 782 of 2016 is pending for the prosecution evidence after framing of the charge on 20.01.2017. Considering the nature of allegation against the petitioner, I am not inclined to grant him bail in connection with Danapur Police Station Case No. 126 of 2016 pending in the court

Patna High Court Cr.Misc. No.48257 of 2016 (4) dt.13-02-2017 2/2 of learned Additional Chief Judicial Magistrate, Danapur/successor Court.

Hence, prayer for bail is refused.

Let the trial be concluded within a period of nine months, failing which the petitioner may renew his prayer for bail before the court below itself.

Kundan (Birendra Kumar, J) U T