Patna High CourtCR. MISC./23954/2016rejected

Sudhan Sah v. The State Of Bihar

2016-08-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.23954 of 2016 (5) dt.05-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23954 of 2016 Arising Out of PS.Case No. -8 Year- 2012 Thana -SISWAN District- SIWAN ======================================================

1. Sudhan Sah Son of Algu Sah Resident of Village- Geyaspur, Police Station - Siswan, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s Mr. Rajendra Singh Shastri (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 05.08.2016 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 363 and 364/34 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, statement of victim was recorded under section 164 Cr.P.C in which he specifically stated that he was kidnapped for ransom by this petitioner and others. Submission on behalf of the petitioner is that other accused faced trial in Sessions Trial no. 321/2012 and in the aforesaid session case, victim was examined but did not support the prosecution story. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that alleged

Patna High Court Cr.Misc. No.23954 of 2016 (5) dt.05-08-2016 occurrence took place in the year 2012 but the petitioner could be remanded in this case on 18.1.2016, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial no. 132/2016 arising out of Siswan P.S. Case no. 08/2012 pending in the court of Addl. Sessions Judge IV, Siwan stands rejected.

However, the concerned court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T