Patna High CourtCR. MISC./47601/2016dismissed

Md. Tanveer v. The State Of Bihar

2017-03-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47601 of 2016 Arising Out of PS.Case No. -182 Year- 2012 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Md. Tanveer, son of Md. Israil, resident of village - Kamalpura Tole - Turkauliya, P.S. - Paroo, District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Informant : Mr. Bhubneshwar Pd., Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sariaya P.S.Case No. 182 of 2012 registered for the offences punishable under Sections 366A and 363 of the Indian Penal Code, corresponding to Sessions Trial No. 505 of 2016. It has been submitted on behalf of the petitioner that though the victim girl has named this petitioner in her statement under Section 164 Cr.P.C. but the statement made in the FIR is contrary to the above statement under Section 164 Cr.P.C. and petitioner is in custody for more than one year and only charge has been framed in this case.

Heard learned APP and learned counsel for the informant, who have opposed the prayer for bail.

Patna High Court Cr.Misc. No.47601 of 2016 (5) dt.16-03-2017 2/2 Having heard both sides and considering the allegations made by the victim girl under Section 164 Cr.P.C. before Magistrate, I am not inclined to grant bail to the petitioner. However, as the petitioner is in custody for more than one year and charge has been framed in this case, learned trial court is directed to expedite the trial and try to conclude the same within a period of one year. If the trial is not concluded within the said period the petitioner will be at liberty to renew his prayer for bail before the court concerned.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U