Patna High CourtCR. MISC./17358/2017bail granted

Md. Rustam v. The State Of Bihar

2017-05-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17358 of 2017 Arising Out of PS.Case No. -16 Year- 2000 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Md. Rustam, Son of Md. Habeeb @ Quddus, Resident of VillageAmrakh, P.S. Maniyari, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-05-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was twice rejected by this Court taking note of this fact that petitioner could be remanded in the case after 15 years of the occurrence and while rejecting the prayer for bail of the petitioner on 07.09.2016 this Court directed the trial court to expedite the trial of the petitioner and try to conclude the same preferably within six months and liberty was given to the petitioner to renew his prayer for bail, if his trial is not concluded within the above stated period. However, the impugned order dated 27.03.2017 passed by the learned Additional Sessions Judge 14th Muzaffarpur

Patna High Court Cr.Misc. No.17358 of 2017 (2) dt.07-05-2017 2/2 in Session trail no. 210 of 2015 arising out of Maniyari P.S.Case No. 16 of 2000 goes to show that almost all the witnesses except I.O, Doctor and victim have already been examined. Learned counsel appearing for the petitioner submits that petitioner is in jail custody since 20.04.2016 and having more or less, similar allegations, co-accused Anil Mahto and others have already been either acquitted or granted bail by different benches of this Court.

Considering the period of detention of the petitioner in jail custody , let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 14th Additional Sessions Judge, Muzaffarpur in connection with Maniyari P.S. Case No. 16 of 2000.

(Hemant Kumar Srivastava, J) N.K/- U T