Sunil Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45015 of 2019 Arising Out of PS. Case No.-408 Year-2006 Thana- SILAO District- Nalanda ====================================================== SUNIL GOPE, Son of Sita Gope, Resident of Village- Salemubigha, P.S.- Ben, Distt - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sessions Trial No.231 of 2019 arising out of Silao (Nalanda) P.S. Case No.408 of 2006 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Fast Track Court-1, Nalanda, Biharsharif.

It is alleged in the written report that co-accused, Ram Kishore Gope, entered into the house of the informant and tried to commit illegal act with daughter-in-law of the informant She raised halla then this petitioner and other accused persons came and assaulted the family members. This petitioner fired from country made pistol, which hit in the abdomen of daughter-in-

Patna High Court CR. MISC. No.45015 of 2019(3) dt.02-09-2019 2/2 law of the informant, who subsequently died.

Counsel for the petitioner submits that other coaccused have been acquitted in the case. This Court finds that there is specific allegation against the petitioner in the written report. Therefore, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected at this stage.

Petitioner is in custody since 10.04.2019.

The trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of copy of this order.

Liberty is given to the petitioner to renew his prayer for bail after nine months, if no substantive progress is made in the trial.

(Sanjay Priya, J) J. Alam/- U T