Patna High CourtCR. MISC./30463/2018disposed

Tulsi Modi v. The State Of Bihar

2018-09-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30463 of 2018 Arising Out of PS.Case No. -120 Year- 2017 Thana -CHANAN District- LAKHISARAI ======================================================

1. Tulsi Modi S/o Mohan Modi, R/o Vill.- Churaman Bigha, P.S.- Chanan, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Adv For the Opposite Party/s : Mr. Sri Umanath Mishra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 448, 504, 376/34 of the Indian Penal Code.

This is the second attempt of the petitioner for grant of bail. Earlier, prayer was refused on 18.01.2018 in Cr.Misc. No.3590 of 2018 in connection with Chanan P.S.Case No.120 of 2017. Allegation is that the petitioner ravished to the informant.

It has been informed by the learned counsel for the petitioner that only I.O. of this case has to be examined during trial as prosecution witness. Considering the nature of allegation and

Patna High Court Cr.Misc. No.30463 of 2018 (4) dt.05-09-2018 2/2 stage of the trial, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No. 26 of 2018 arising out of Chanan P.S.Case No.120 of 2017 pending in the court of learned Sessions Judge, Lakhisarai/successor court. Hence, prayer for bail is refused.

The Superintendent of Police, Lakhisarai is directed to ensure production of the I.O. of this case before the learned Trial Court in connection with Chanan P.S.Case No.120 of 2017 corresponding to S.Tr.No. 26 of 2018. The learned Trial Court is directed to conclude the trial within six months from the date of receipt/production of a copy of this order, failing which the petitioner would renew prayer for bail before the learned trial court itself who shall pass a reasoned order alongwith reason for non-conclusion of the trial within the aforesaid period. (Birendra Kumar, J) Nitesh/- U T