Patna High CourtCR. MISC./13198/2016dismissed

Binod Ram v. The State Of Bihar

2017-03-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13198 of 2016 Arising Out of PS.Case No. -62 Year- 2013 Thana -MARKAHI District- KHAGARIA ======================================================

1. Binod Ram Son of Late Gorakh Ram Resident of village- Simri, P.S. Simri, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2017 Heard learned counsels for the petitioner and the State. The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 364(A),342 and 346/34 of the Indian Penal Code.

The prosecution case is that the son and the minor grand son of the informant went traceless. Subsequently, the grand son of the informant, namely, Chandan was recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 20.3.2014. The statement of grand son of the informant (one of the victims) suggests that he was being kidnapped by co accused Akhilesh Kumar Singh who kept the victim boy at the house of this

Patna High Court Cr.Misc. No.13198 of 2016 (3) dt.15-03-2017 2/2 petitioner. Hence, at best, the case under sections 363 and 341 IPC is made out against the petitioner.

The report of the learned Ist Additional Sessions Judge, Khagaria dated 21.2.2017 reflects that the trial is at the stage of defence evidence and the same is likely to be concluded within one month.

Considering the present stage of the trial, this court is not inclined to revise the earlier order. The prayer of the petitioner for bail is accordingly rejected in connection with S.T. No. 335 of 2014 arising out of Morkahi P.S. Case No. 62 of 2013. However, it is expected from the learned trial court to conclude the trial within the time frame submitted before this court.

(Dinesh Kumar Singh, J) Anil/- U T