Nawal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45810 of 2014 Arising Out of PS.Case No. -111 Year- 2013 Thana -SARSI DistrictPURNIA ====================================================== Nawal Mahto S/o Late Bhumi Mahto Resident of village- Belagovind, P.S.- Sarsi, District- Purnea .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Madhu Prasun, Adv. For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 7.

23-07-2015 Heard both sides.

The petitioner seeks bail in Sarsi P.S. Case No. 111/2013, registered for the offences punishable under Sections 376 and 313 of the Indian Penal Code.

The petitioner is alleged to have committed rape with the victim when she came to cook in the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is in jail for about one and half years. Victim was a consenting party.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

Patna High Court Cr.Misc. No.45810 of 2014 (7) dt.23-07-2015 2/2 The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order. The S.P., Purnea is directed to produce the witnesses of Sarsi P.S. Case No. 111/2013, corresponding to S.Tr. no. 726/2013 so that the trial must be concluded within nine months from the date of receipt of this order.

Let a copy of this order also sent to the S.P., Purnea. If the trial is not concluded within nine months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J.) Rakhi/- U T