Patna High CourtCR. MISC./38482/2017dismissed

Dinesh Rathor @ Dinesh Yadav v. The State Of Bihar

2017-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38482 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -KURSAKANTA District- ARRARIA ====================================================== DINESH RATHOR @ DINESH YADAV, son of Mahanand Rathor @ Mahanand Yadav, resident of village Bhojpur, P.S. Tarabari, District Araria .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kursakanta P.S. Case No. 103 of 2017 registered for the offences punishable under Section 384 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he demanded extortion amount of Rs.2 lakhs from the informant. Submission of learned counsel for the petitioner is that he is in custody for the last 14 years and he has falsely been implicated in this case. Further submission is that there are 47 cases against him and he has been acquitted in 34 cases and he is on bail in rest of the cases. Further submission is that as he was in custody the question of demanding extortion does not arise and in this case he is in custody for more than two months.

Patna High Court Cr.Misc. No.38482 of 2017 (3) dt.05-09-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating that amount of demand has to be delivered at the jail gate.

Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and try to conclude it within a reasonable period, preferably within one year. At the same time, Superintendent of Police, Araria is directed to ensure the presence of witnesses in court on the date fixed, so as to conclude the trial within the specified period.

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