Patna High CourtCR. MISC./22339/2018dismissed

Dilip Sah @ Raju v. The State Of Bihar

2018-05-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22339 of 2018 Arising Out of PS.Case No. -117 Year- 2015 Thana -EKMA District- SARAN ======================================================

1. Dilip Sah @ Raju S/o Prabhunath Sah, R/o Vill.- Gopalpur, P.S.- Pachrukhi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the parties. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 12.07.2017 passed in Cr. Misc. No. 31922 of 2017 with a direction to expedite the trial within a period of seven months.

The allegation against the petitioner is that after administering intoxicating substance in food, the petitioner along with others committed rape with the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that he is in custody since 18.06.2016 and no substantive progress has been made in the trial.

Heard learned A.P.P. who opposes the prayer for bail

Patna High Court Cr.Misc. No.22339 of 2018 (3) dt.16-05-2018 2/2 and perused the report from which it appears that three witnesses have been examined out of eleven witnesses and the case is pending for examination of rest of the witnesses. Learned A.P.P. opposes the prayer for bail.

In view of the facts and circumstances discussed above, let the petitioner, above named, I am not inclined to grant bail to the petitioner.

However, since the petitioner is in custody since 18.06.2016 and accordingly, prayer for anticipatory bail is rejected with a direction to the Superintendent of Police, Chapra to ensure the presence of the witnesses and expedite the trial as soon as possible.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T