Patna High CourtCR. MISC./80632/2018disposed

Lalit Mandal v. The State Of Bihar

2019-02-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80632 of 2018 Arising Out of PS. Case No.-13 Year-2017 Thana- HARLAKHI District- Madhubani ====================================================== Lalit Mandal son of Awadhi Mandal, Resident of Village- Kamlapath Patti, P.S.- Harlakhi, District-Madhubani.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2019 The petitioner is facing trial in a case instituted for the offence under Section 376(D) of the Indian Penal Code. The earlier prayer of the petitioner for grant of bail was rejected vide order dated 04.01.2018 passed in Cr. Misc. No. 53986 of 2017.

The petitioner has renewed his prayer for bail on the ground of the trial not having been completed up till now even when the petitioner had remained in custody for approximately two years.

This Court asked for a report about the stage of the case from the court below and the report which has since been received indicates that out of six prosecution witnesses,

Patna High Court Cr.Misc. No.80632 of 2018(3) dt.20-02-2019 2/2 two have been examined which includes the informant / prosecutrix.

Learned counsel for the petitioner has further submitted that the prosecutrix in her deposition has not supported the prosecution version and therefore the petitioner should be allowed bail during the pendency of the trial.

The prayer of the petitioner is rejected.

However, considering the period of custody of the petitioner and taking into account that only four witnesses are left to be examined, this Court directs the trial court to conclude the proceedings as early as possible, preferably within a period of six months from the date of production/communication of a copy of this order. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U