Lalo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2302 of 2015 Arising Out of PS.Case No. -63 Year- 2013 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Lalo Yadav Son of Sri Fultan Yadav, Resident of Vill - Baburahi, P.S.- Sahebpur Kamal, Distt.- Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate and Mr. Vinod Kumar, Advocate.
For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2015 Heard Sri S.N.P. Sinha, learned senior counsel for the petitioner, and learned A.P.P. for the State. The petitioner seeks bail in a case under Section 376 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected vide order dated 09.05.2014 passed in Cr. Misc. No. 6166/2014. The petitioner is alleged to have committed rape with a minor girl, aged about 10 years. Sri S.N.P. Sinha, learned senior counsel for the petitioner, submits that the medical report does not corroborate the ocular evidence of the prosecutrix about rape. The garment of the prosecutrix was seized but the same was not sent to Forensic Laboratory. The prosecutrix, a minor girl, has made allegation that the petitioner forcibly committed rape with her. Having considered the facts aforesaid, I am not
Patna High Court Cr.Misc. No.2302 of 2015 (7) dt.05-08-2015 2/2 inclined to enlarge the petitioner on bail in S. Kamal P.S. Case No. 63 of 2013, corresponding to S. Tr. No. 341/14. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt / production of this order holding the trial on day-to-day basis. The Superintendent of Police, Begusarai is directed to procure the attendance of the witnesses during the course of trial so that the trial of S. Tr. No. 341/14 must be concluded within six months. Let copy of this order be sent to the learned court below as well as Superintendent of Police, Begusarai for information and needful.
If the trial is not concluded within the above stipulated period, six months, the petitioner may renew his prayer for bail firstly in the trial court itself.
(Prabhat Kumar Jha, J) Dilip/- U T