Patna High CourtCR. MISC./23457/2020allowed

Bindesh Kumar Singh v. The State Of Bihar

2021-01-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23457 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- AANDAR District- Siwan ====================================================== Bindesh Kumar Singh, S/o Ram Bilash Singh, Resident of Village- Basti Chhapar, P.S.- Kham Par, District- Deoria (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Sessions Trial Case No. 47 of 2020, arising out of Andar (M.H. Nagar) P.S. Case No. 162 of 2019 for the offence under Sections 363, 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 03.12.2019. He submits that charge has been framed on 05.03.2020. He also submits that the victim in her statement recorded under Section 164 of Cr.P.C. has not alleged any act of sexual assault.

Considering the fact that the petitioner has got no criminal antecedent and he has remained in custody for more than one year, the petitioner, named above, is directed to be

Patna High Court CR. MISC. No.23457 of 2020(3) dt.04-01-2021 2/2 released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Siwan in connection with Sessions Trial Case No. 47 of 2020, arising out of Andar (M.H. Nagar) P.S. Case No. 162 of 2019. The trial court is directed to expedite the trial and conclude the same in all respect within a period of nine months from the date of receipt of a copy of this order. The Superintendent of Police, Siwan is directed to take steps for production of all prosecution witnesses for their examination, so that the trial may be concluded within the time indicated herein above.

(Anil Kumar Upadhyay, J) uday/- U T