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Patna High CourtCR. APP (SJ)/2512/2017dismissed

Shiv Dular Singh v. The State Of Bihar

2017-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2512 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -MAHNAR District- - ====================================================== Shiv Dular Singh, son of Nanhki Singh, resident of Village- Mokhtarpur, Police Station- Mahnar, District- Vaishali at Hajipur. .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Lokesh Kumar Singh For the Respondent/s : Ms. Abha Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of bail in connection with Mahnar P.S.Case No. 60 of 2016 registered under Sections 376 of the Indian Penal Code, 4/8 of POCSO Act and 3(1)(xii)(ii)(v) of SC/ST Act and for setting aside the impugned order dated 20.6.2017 passed by Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Vaishali at Hajipur. Allegation against the appellant is of commission of rape upon minor daughter of the informant.

Submission of learned counsel for the appellant is that he is in custody for 15 months and, as such, it is submitted that at least the trial be expedited.

Patna High Court CR. APP (SJ) No.2512 of 2017 (2) dt.31-08-2017 2/2 Learned Special P.P., who has opposed the prayer for bail.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the appellant. However, as submitted that trial has commenced, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months.

With the above observation, this appeal is dismissed. (Vinod Kumar Sinha, J) spal/- U