Shivmuni Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25314 of 2017 Arising Out of PS.Case No. -370 Year- 2016 Thana -BAHADURPUR District- DARBHANGA ====================================================== Shivmuni Jha, S/o Rakesh Jha @ Sajjan Jha, Residence of Mohalla/Vill. Kabilpur, P.S.- Bahadurpur Distt.- Darbhanga. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Bahadurpur P.S.Case No. 370 of 2016 registered for the offences punishable under Sections 341, 323, 386, 379, 448, 504, 406/34 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner is of demand of extortion from the informant.
It has been submitted on behalf of the petitioner that though there is allegation against the petitioner of demand but there is no compliance of demand, as such, no case is made out under Section 386 IPC against the petitioner. It has further been submitted that, as a matter of fact, there was dispute between the parties with respect to sale of some property, as such, petitioner
Patna High Court Cr.Misc. No.25314 of 2017 (3) dt.28-06-2017 2/2 has been made accused in this case and he is in custody for about eight months.
Heard learned APP also, who has opposed the prayer for bail stating that petitioner has been made accused in several other cases also, which is evident from paragraph-3 of the petition. Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.
However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same within a period of seven months. If trial is not concluded within the said period, petitioner may renew his prayer for bail. At the same time, Superintendent of Police, Darbhanga is directed to ensure the attendance of witnesses.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U