Patna High CourtCR. MISC./22407/2015dismissed

Akshay Lal Bhagat v. The State Of Bihar

2015-09-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22407 of 2015 Arising Out of PS.Case No. -22 Year- 2008 Thana -PAKRIDAYAL District- EAST CHAMPARAN (MOTIHARI) ====================================================== Akshay Lal Bhagat Son of Late Janak Lal Bhagat resident of village - Majhar, Tola Shiv Nagar, P.S. Pakaridayal, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr. Shahi For the Opposite Party/s : Mr. Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 304B/120B/34 of the Indian Penal Code.

The petitioner is the husband of the deceased. The wife of the petitioner was killed in her Sasrural within 11⁄2 years of her marriage with the petitioner. The prayer for bail of the petitioner was earlier rejected. It is submitted that only two witnesses have been examined and they have been declared hostile. The informant also died.

Considering the nature of allegation made against the petitioner, who is the husband of the deceased, I am not inclined to enlarge the petitioner on bail in Pakridayal P.S. Case No. 22 of 2008, corresponding to Sessions Trial No. 141 of 2009. Accordingly, the same is rejected.

Patna High Court Cr.Misc. No.22407 of 2015 (2) dt.15-09-2015 2/2 Since the petitioner is in jail for more than 21⁄2 years, the trial court is directed to expedite the trial holding the same on day-to-day basis and conclude the same within six months from the date of receipt / production of this order. The Superintendent of Police, East Champaran is directed to ensure the attendance of the witnesses of the aforementioned case so that the trial must be concluded within aforesaid period of six months.

If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) Dilip/- U T