Ranjesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.790 of 2017 Arising Out of PS.Case No. -339 Year- 2016 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Ranjesh Yadav, Son of Jai Jai Ram Yadav, Resident of Village- Naya Tola, P.S.- Bakhtiyarpur, Dist.- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Dr. Kr. Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard the parties.

This application is for grant of bail in connection with Bakhtiyarpur P.S.Case No.339 of 2016 for the offence under Sections 341, 323, 366 and 120B of the Indian Penal Code. It is submitted on behalf of the petitioner that the falsity of the case will appear from the fact that the victim lady is aged about 45 years, whereas the petitioner is aged about 21 years and there is delay of nine days in filing of F.I.R. also. It is further submitted that the witnesses have also stated before the police during the course of investigation that as a matter of fact the victim lady left the house after some quarrel with the family members and the petitioner has been falsely implicated in the present case. Lastly, it has been submitted that the petitioner is in

Patna High Court Cr.Misc. No.790 of 2017 (3) dt.09-02-2017 2/2 custody for about three months.

Heard learned A.P.P. also, who opposes the prayer for bail stating that in the statement made under Section 164 Cr.P.C., the victim lady has stated about the complicity of this petitioner and the witnesses have also stated, during the course of investigation, about complicity of this petitioner.

Having heard both sides. In view of the facts as stated above and considering the statement of the victim lady made under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months and if not concluded, the petitioner is at liberty to move for bail.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U