Tara Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49730 of 2016 Arising Out of PS.Case No. -168 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tara Yadav, s/o Lalmohan Yadav, r/o vill-Navka Tola, Badhwariya, PSChautarwa, Dist- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Sinha For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== 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 Chautarwa (Badwariya) PS case no. 168 of 2016 for the offence under Sections 307 and 376 of the Indian Penal Code. It is submitted on behalf of petitioner that in the medical examination, no sign of rape was found and during investigation, witnesses have not supported the case of prosecution and petitioner is in custody for more than one year. Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail stating that there is direct allegation against the petitioner.

Having heard both sides. In view of the fact that there is direct allegation against the petitioner, I am not inclined to

Patna High Court Cr.Misc. No.49730 of 2016 (3) dt.17-01-2017 2/2 grant bail to the petitioner. As such, his prayer for bail rejected at this stage. However, considering the fact that petitioner is in custody for more than one year and charge has not been framed as yet, learned lower court is directed to expedite the commitment of the case as well as trial and tried to dispose of the case within a period of one year.

With these observations, this bail application is dismissed.

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