Sikandar Yadav @ Sikandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26714 of 2017 Arising Out of PS.Case No. -396 Year- 2016 Thana -MASAURHI District- PATNA ======================================================

1. Sikandar Yadav @ Sikandra Yadav S/o Sukhari Yadav R/o VillageRewan, P.S.-Masaurhi, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 Heard the parties.

This application is for grant of regular bail in connection with Spl. Case No.166 of 2016 arising out of Masaurhi P.S.Case No.396 of 2016, registered for the offences under Sections 354(A) & 354 (B) of the Indian Penal Code and Section 8 of POCSO Act. Allegation against the petitioner is of attempting to commit rape upon the prosecutrix.

It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case and the parties have already been settled the dispute outside the court and the petitioner is in custody since 28.8.2016.

Heard learned A.P.P. also.

Having heard both sides and from perusal of the record, it

Patna High Court Cr.Misc. No.26714 of 2017 (3) dt.30-06-2017 2/2 appears that in this case the charge has already been framed and the trial is in progress.

Considering the aforesaid fact, the learned trial court is directed to expedite the trial and once the evidence of prosecutrix and her mother is adduced in the court, the petitioner will be at liberty to renew his prayer for bail before the court concerned itself, who will consider the materials available at that time before him and will pass appropriate order.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U