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Patna High CourtCR. MISC./26285/2016rejected

Jhunna Ansari @ Jhuna Ansari v. The State Of Bihar

2016-07-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26285 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jhunna Ansari @ Jhuna Ansari son of Mahamddin Ansari resident of Village- Bangra, P.S.- Chakiya, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code. There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that in course of trial, the victim stated that she could not identify the culprit and gave the name of petitioner at the behest of her villagers.

Admittedly, the trial of the petitioner has already commenced and, therefore, considering the facts and circumstances of the case as well as submissions of the parties, I

Patna High Court Cr.Misc. No.26285 of 2016 (2) dt.11-07-2016 2/2 am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 580 of 2015 arising out of Chakiya P.S. Case No. 11 of 2015 pending in the court of 14th Additional Sessions Judge, Motihari, East Champaran stands rejected.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within four months from the date of receipt/production of copy of this order. It is made clear that if the trial court fails to conclude the trial of the petitioner within the above stated period of four months, the petitioner may renew his prayer for bail before the learned trial court itself. (Hemant Kumar Srivastava, J) SHAHZAD/- U T