Patna High CourtCR. MISC./64505/2018disposed

Om Prakash Ram v. The State Of Bihar

2018-10-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64505 of 2018 Arising Out of PS.Case No. -67 Year- 2011 Thana -GRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Om Prakash Ram son of Late Basdev Ram, Resident of Village- Mehila, P.S. Giriyak, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Prasad, Advocate For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Sessions Trial No. 31 of 2018 arising out of Giriyak P.S.Case No. 67 of 2011, registered for offences punishable under Sections 376 and 302/34 of the Indian Penal Code.

Allegation against the petitioner as per F.I.R. is of commission of rape upon the niece of the informant, causing his death.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and later on his name transpires during investigation and the occurrence is of the year, 2011.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and

Patna High Court Cr.Misc. No.64505 of 2018 (3) dt.31-10-2018 2/2 he has no criminal antecedent and he is in custody since 09.05.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances discussed above, I am not inclined to grant bail to the petitioner at this stage, rather trial is directed to be expedited and concluded within seven months, however, if the same is not concluded within seven months and there is no latches on the part of the petitioner, he shall be released on bail to the satisfaction of the Trial Court.

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