Md. Nausar Alam @ Nausar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2786 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Md. Nausar Alam @ Nausar Alam .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard the parties.

This application has been filed in connection with Bahadurganj P.S.Case No.154 of 2016 for the offence under Section 376 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case as he is brother of the coaccused and the complaint case has been filed against father and brother of the petitioner. The petitioner is in custody since 18.10.2016.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that there is direct allegation against this petitioner of committing rape upon the informant, as such I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed

Patna High Court Cr.Misc. No.2786 of 2017 (2) dt.09-02-2017 2/2 to expedite the trial and try to conclude it within a period of one year and if not concluded, the petitioner is at liberty to move for bail.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U