Dilip Sadai @ Dilip Kumar Sadai @ Diliph Sadai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13621 of 2017 Arising Out of PS.Case No. -115 Year- 2014 Thana -LADANIA District- MADHUBANI ====================================================== DILIP SADAI @ DILIP KUMAR SADAI @ DILIPH SADAI, son of Ram Ashis Sadai, resident of Village-Gadha, P.S. Ladaniya, District-Madhubani. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Ladaniya P.S.Case No. 115 of 2014 for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that though petitioner has been named as main accused in the statement of the victim recorded under Section 164 Cr.P.C. but no such statement has been made in the FIR and he has falsely been implicated in this case and has remained in custody for seven months. It has also been submitted that victim has not been examined medically.
Heard learned APP also.
Having heard both sides and considering the statement
Patna High Court Cr.Misc. No.13621 of 2017 (2) dt.22-03-2017 2/2 made by the victim under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner.
As the petitioner is in jail for the last seven months, learned trial court is directed to conclude the trial within a period of nine months. The Superintendent of Police, Madhubani is also directed to ensure that witnesses are produced before the court on the date fixed, so that the trial may be concluded within the said period. However, if the trial is not concluded within the said period, the petitioner will be at liberty to renew his prayer for bail before the court below itself, who will consider the materials available on the record and pass appropriate order. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U