Patna High CourtCR. MISC./47577/2017dismissed

Nageshwar Sahani v. The State Of Bihar

2017-11-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47577 of 2017 Arising Out of PS.Case No. -81 Year- 2011 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Nageshwar Sahani Son of Jaga Sahani, R/o Village- Dihuli Tengrari, P.S.- Shiwai Patti, District- Muzaffarpu.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 30-01-2017 passed in Cr. Misc. No. 54215 of 2016.

There is specific allegation against this petitioner of committing rape with the informant along with co-accused Mastan. The report was called for from the court below wherein it has been mentioned that charge has already been framed in the case. This court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of the petitioner in connection with Shiwaipatti P.S. Case No. 81 of 2011 corresponding to Sessions Trial No. 01 of 2017/340 of 2017 stands rejected. It has been submitted that the petitioner is in custody since 17-09-2016.

Patna High Court Cr.Misc. No.47577 of 2017 (3) dt.08-11-2017 The court below is directed to fix the case on day-to-day basis and make efforts to conclude the trial of the petitioner as early as possible, preferably, within a period of six months from the date of receipt of this order.

In the event, the trial of the petitioner is not concluded within the above-said period of six months, the petitioner will be at liberty to renew his prayer for bail in the court below itself, which shall be disposed of by the court below in accordance with law and the court below will give reasons in the order for not disposing of the trial within the aforesaid period.

The Superintendent of Police, Muzaffarpur is directed to take steps for producing the witnesses on the date fixed in the case. The copy of the order be sent to the Superintendent of Police, Muzaffarpur for needful.

(Sanjay Priya, J) A.K.V./- U T