Patna High CourtCR. MISC./899/2015rejected

Amod Thakur v. The State Of Bihar

2015-03-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.899 of 2015 ====================================================== Amod Thakur son of Maheshwar Thakur Chalitar Rai, resident of Mohalla / Village - Adarsh Nagar, Road No.4 D, Police Station - Samastipur (Mufassil), District - Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. M.K. Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 04-03-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 304-B and 328/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner happens to be the husband of the deceased and there is allegation against him in the first information report vide Annexure-1 for committing the crime in question, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail at this stage. Accordingly, the prayer for bail of the petitioner in connection with Samastipur (Mufassil) P.S.Case No. 13 of 2014 pending in the court of Sub Divisional Judicial Magistrate, Samastipur is rejected for the present Learned Magistrate in seisin of the case is hereby directed to commit the case of the petitioner to the court of sessions forthwith, if not already committed and after such commitment, the trial of the petitioner shall be taken up on priority basis by the trial court and all endeavour shall be made to

Patna High Court Cr.Misc. No.899 of 2015 (3) dt.04-03-2015 2/2 conclude the same at an early date preferably within a period of one year from the date of framing of charge and if the trial is not concluded within the aforesaid period of time, the petitioner shall be at liberty to renew his prayer for bail.

(Birendra Prasad Verma, J) Tahir/- U T