This is an oral order dismissing a bail application. The Court declined bail citing the victim's statement under Section 164 Cr.P.C. but directed the lower court to conclude the trial within nine months.
Prayer for bail dismissed; lower court directed to complete trial within nine 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.20657 of 2019
Arising Out of PS. Case No.-18 Year-2016 Thana- SANOKHAR District- Bhagalpur
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MD. IMTIYAZ, Male, Sons of Md. Tamiz @ Md. Tamijuddin, resident of Village-Belaketa, P.S.- Dhoraiya, District- Godda (Jharkhand) ... Petitioner/s
Versus
The State of Bihar…………………………………….... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Najmul Hodda For the Opposite Party/s : Mr.Rajendra Prasad Nat ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
The petitioner is in custody in connection with Sanokhar (Amdanda) P.S. Case No. 18 of 2016, registered for the offence punishable under Sections 363, 366, 34 of the Indian Penal Code.
Having regard to the statement of the victim recorded under Section 164 of the Cr.P.C., the Court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail is dismissed.
However, the Court below is directed to expedite the hearing of the trial and conclude the same preferably within a period of nine months.
(Anil Kumar Upadhyay, J)
T.Kr./-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving offences under Sections 363, 366, and 34 of the IPC.
2 provisions across 2 enactments
Md. Imtiyas
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
