Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26974 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -MAHILA P.S. District- SEKHPURA ======================================================

1. Jitendra Mahto, son of Baleshwar Mahto, Resident of Village- Bhadaui, P.S.- Korma, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Sheikhpura (Mahila) P.S.Case NO.44 of 2016, registered for the offences punishable under Sections 376, 372 and 506/34 of the Indian Penal Code.

Allegation against the petitioner as per F.I.R. is that he forcefully has taken away the victim from her family members and committed rape upon her and further allegation is that he threatened her to sell to another person for prostitution. Later on while he was taking her, she fled away from there and came to her house and informed the police.

Submission of the learned counsel for the petitioner is that no 'Sanaha' or anything has been reported to the police,

Patna High Court Cr.Misc. No.26974 of 2017 (4) dt.17-07-2017 2/2 though the occurrence took place on 8.9.2016 and she returned on 12.09.2016. It is further submitted that the petitioner is in custody for about three months.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that in the statement under Section 164 Cr.P.C.. the victim has taken name of the petitioner and made allegation as stated in the F.I.R.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U