Monam Miyan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79376 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- GAUNAHA District- West Champaran ====================================================== 1.

Monam Miyan Son of Samsuddin Miyan Resident of village- Madhopur, P.S. -Gaunaha, District- West Champaran.

2.

Nagesh Sah Son of Sri Hatu Sah Resident of village- Khajuriya, P.S. Sathi, district- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offence punishable under Section 376(D)/34 of the Indian Penal Code in connection with Gaunaha P.S. Case No.48 of 2018. Allegation against the petitioners is that they ravished the informant when she was alone in her way to home. The petitioners are in custody since 19.05.2018. However, no strong motive has been alleged for false implication of the petitioners.

Hence, I am not inclined to enlarge the petitioners on bail for the present. Hence, the prayer for bail is refused. The

Patna High Court CR. MISC. No.79376 of 2018(3) dt.15-04-2019 2/2 learned trial Court is directed to expedite the trial and conclude the same within nine months, failing which the petitioners would be at liberty to renew the prayer for bail before the Courtbelow itself. (Birendra Kumar, J) Mkr./- U T