Shubham Kumar Sah @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29219 of 2018 Arising Out of PS.Case No. -89 Year- 2016 Thana -MAHILA PS District- KATIHAR ======================================================

1. Shubham Kumar Sah @ Chhotu, son of Late Raj Kumar Sah, Resident of Village- Azamnagar, Gudri Tola, Ward No. 1, P.S. Azamnagar, DistrictKatihar. .... .... 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 Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 18.7.2017 passed in Cr.Msic. No.29352 of 2017 with a direction to the learned trial court to conclude the trial within a period of nine months. Submission of the learned counsel for the petitioner is that six months' period has already expired but up-till-now only one witness has been examined.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that there is allegation of commission of rape against the petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to

Patna High Court Cr.Misc. No.29219 of 2018 (3) dt.27-06-2018 2/2 the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it as soon as possible. At the same time, the S.P., Motihari is directed to ensure presence of the witnesses.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T