Santosh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26711 of 2019 Arising Out of PS. Case No.-428 Year-2017 Thana- BASANTPUR District- Siwan ====================================================== SANTOSH TIWARY Son of Late Bindeshwar Tiwary Resident of Village - Dumarsan Bangra, P.S.- Masharak, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad, Mr. Vijay Bardhan Pandey For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Earlier prayer for bail of the petitioner was rejected vide order dated 01.10.2018 passed in Cr. Misc.No. 48846 of 2018.

The petitioner seeks regular bail in connection with Basantpur P.S. Case No. 428 of 2017, registered for the offences punishable under Sections 366 and 34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant and she is still traceless. Submission of learned counsel for the petitioner is that earlier an opportunity was given to the petitioner to renew his prayer for bail after statement of the girl under Section 164 of the Cr.P.C., but the girl is still traceless and petitioner is in custody for more than one year.

Patna High Court CR. MISC. No.26711 of 2019(2) dt.01-05-2019 2/2 Heard learned A.P.P. also.

Heard both sides, in view of the facts and circumstances of the case stated above, I am not inclined to grant bail to the petitioner, however, learned court below is directed to expedite the trial and conclude the same within a period of one year, if the same is not concluded within a period of one year, the petitioner is at liberty to renew his prayer for bail.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/SKSuman.

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