The High Court of Patna dismissed a bail application filed by a petitioner accused of attempted rape and attempted murder. The court denied bail but directed the trial court to expedite the trial within seven months.
Application for bail dismissed. The trial court is directed to expedite the trial and conclude it within seven months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24797 of 2017
Arising Out of PS.Case No. -87 Year- 2016 Thana -ASAWAN District- SIWAN
====================================================== Basant Sharma, son of Nagendra Sharma, Resident of VillageKhandhpakar, Police Station- Asaw, District- Siwan.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Shubh Narain Singh For the Opposite Party/s : Mr. Asharaf Ansari
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 05-07-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Asaw P.S.Case No. 87 of 2016 registered for the offences punishable under Sections 376, 511, 326 and 307/34 of the Indian Penal Code.
Allegation is that petitioner along with others has attempted to commit rape upon the informant and on protest they have set her on fire.
It has been submitted on behalf of the petitioner that the whole prosecution story is unbelievable as it is alleged that father and son both have attempted to commit rape at the same time and further there is land dispute between the parties, due to which he has falsely been implicated and he is in custody for eight
Patna High Court Cr.Misc. No.24797 of 2017 (3) dt.05-07-2017
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months.
Heard learned APP also.
Having heard both sides and in view of allegation, I
am not inclined to grant bail to the petitioner.
However, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within seven months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, which shall be considered on its own merit, without being prejudiced by this order.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J)
spal/-
U
1 issue framed by the court
Whether bail should be granted to the petitioner accused of attempted rape, setting the victim on fire, and other offenses.
2 provisions across 1 enactments
Basant Sharma
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
