Aman Raj @ Bitu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2393 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -MAHILA P.S. District- MADHUBANI ======================================================
1. Aman Raj @ Bitu Singh Son of Baidya Nath Singh, R/o VillageHanuman Nagar, P.S.- Khutauna, District- Madhubani. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Dileep Kumar Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 The appellant seeks regular bail in connection with Madhubani Mahila P.S. Case No. 102 of 2016, registered for offences punishable under Sections 376 (D) of the Indian Penal Code, and Section 3(1)(w) of SC/ST (POA) Act and under Section 67 of I.T. Act.
Allegation against the appellant that he along with other committed gang rape upon the informant.
It has been submitted on behalf of the appellant that in this case statement of girl has been recorded under Section 164 Cr.P.C., in which though she has supported the occurrence but she has not named the appellant or any other accused person. Further appellant has been in judicial custody since 08.02.2017. Heard learned Special P.P. also.
Patna High Court CR. APP (SJ) No.2393 of 2017 (4) dt.06-11-2017 2/2 Having heard both sides, though the informant could not name the appellant or any other accused person in her statement recorded under Section 164 Cr.P.C, however, considering the heinour nature of offence, I am not inclined to release the appellant on bail, his appeal for regular bail is, accordingly, dismissed.
However, the Special Judge is directed to expedite the trial and try to conclude it within a period of six months even by conducting the trial on day to day basis and if the trial is not concluded within the aforesaid period, the appellant will be at liberty to renew his prayer for bail in the court below itself. (Vinod Kumar Sinha, J) sunil/- U T