The Patna High Court rejected the second bail application of a petitioner accused of attempting to commit rape upon a minor. The court noted that the trial would conclude within six months and directed the trial court to expedite the proceedings accordingly.
Petition for bail dismissed; Trial court directed to conclude trial within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20032 of 2016
Arising Out of PS.Case No. -150 Year- 2013 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Chhotu son of Md.Jabbar, resident of village-P.S. Hasanganj, DistrictKatihar, at present residing at village- Mahathour, P.S. Sada (Dagaruwa), District-Purnea. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 5 20-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody since 01.04.2014 in connection with Sessions Trial No.345 of 2015 arising out of Sadar Dagarua P.S. Case No.150 of 2013 for the offences instituted under Sections 341, 376, 511/34 of the I.P.C. The accusation against the petitioner is of attempting to commit rape upon a minor daughter of the informant aged 13 years.
The earlier bail application of the petitioner was rejected vide Cr.Misc. No.29131 of 2014 dated 22.01.2015 directing the court below to expedite the trial. This is the second attempt for bail on behalf of the petitioner.
A report regarding stage of the case was called for
Patna High Court Cr.Misc. No.20032 of 2016 (5) dt.20-07-2016
2/2
from the court below vide order dated 13.07.2016. The said report is at Flag “A”. From perusal of the said report, it appears that two witnesses have already been examined in this case and only four witnesses are remained to be examined. It is further stated that within six months the trial of the case will be concluded.
Considering the aforesaid facts and circumstances , I am not inclined to grant bail to the petitioner. The same is rejected.
Anyhow, the trial court is directed to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
AnilKrSinha/-
U T
3 issues framed by the court
Whether bail should be granted to a petitioner accused of attempting to commit rape upon a minor.
Whether the trial should be expedited and concluded within six months.
Whether the stage of the trial justifies further delay in concluding the proceedings.
1 provisions across 1 enactments
Md. Chhotu
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
