Patna High CourtCR. MISC./2914/2017dismissed

Md. Shamshad Alam v. The State Of Bihar

2017-02-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2914 of 2017 Arising Out of PS.Case No. -180 Year- 2015 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. MD. SHAMSHAD ALAM Son of late Sharfuddin Alam Resident of Mohalla- Karimganj, Belagi, P.S.- Civil Lines, District- Gaya Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya For the Informant : Mr. Satish Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioner is in custody since 28.10.2016 in connection with Nimchak Bathani P.S. Case No. 180 of 2015, registered for offences punishable under Sections 147, 148, 149, 498A, 386 and 304 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that out and out false allegation has been levelled against the petitioner and also as per the F.I.R. itself the marriage was solemnized in the year 2008, therefore, there is no reason to harass the informant. The petitioner has been in judicial custody since 28.10.2016. Heard learned A.P.P. and learned counsel for informant. Having heard both sides, considering the facts and circumstances of the case and the nature of offence, I am not inclined to grant the petitioner the privilege of bail at this stage, it

Patna High Court Cr.Misc. No.2914 of 2017 (3) dt.14-02-2017 2/2 is accordingly rejected.

However, learned Trial Court is directed to expedite the trial and try to conclude it within a period of nine months from today and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the court below itself and if any such application is filed, the Court below shall consider the same on merit of the case, without being prejudiced by the order of this Court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T