Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2474 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -MEERGANJ District- PURNIA ======================================================
1. Gautam Kumar, Son of Sri Das Narayan Sah @ Das Narayan Swarnkar, Resident of Village- Milki Rangapura Dakshin, P.S.- Mirganj, DistrictPurnea. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Amit Kumar Anand For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard the parties.
The appellant seeks pre arrest bail in connection with Special SC/ST Case No.102 of 2017 arising out of Mirganj P.S.Case No.75 of 2017, registered for offences punishable under Sections 376 and 511 of the Indian Penal Code and Section 312 of Protection of Children from sexual Offence Act, 2012 and Section 3(xi)(xii) of SC/ST (Prevention of Atrocities) Act. Allegation appears to be very serious as there is allegation of attempt to commit rape on the four months old daughter of the informant.
Submissions of the learned counsel for the appellant is that he has been falsely implicated in this case as he is goldsmith and some money was due with the informant. It is
Patna High Court CR. APP (SJ) No.2474 of 2017 (4) dt.18-10-2017 2/2 further submitted that the whole prosecution case does not appear to be probable.
Heard learned Special P.P., who has opposed the prayer for bail on the ground of heinous nature of case. Having considered both sides and in view of the submissions, I am not inclined to grant bail to the appellant, however it appears from perusal of the impugned order that in this case charge has already been frame.
Considering the above facts, the learned trial court is directed to expedite the trial and if possible to conduct it on dayto-day basis and conclude it within a period of six months. At the same time, the Sr. S.P., Purnea is directed to ensure presence of the witnesses in the court on the date fixed so that the trial may be concluded within the period, as specified. With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T