Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17358 of 2016 Arising Out of PS.Case No. -78 Year- 2014 Thana -CHANAN District- LAKHISARAI ====================================================== Pappu Singh Son of Late Shivbalak Singh Resident of Village- Batta Rampur, Police Station Chanan, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Harun Quareshi, Adv. For the Opposite Party/s : Mr. Manish Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2016 Heard both sides.

The petitioner seeks bail in Chanan P.S. Case No. 78/2014 corresponding to Sessions Trial No. 138/2015, registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 05.05.2015 passed in Cr. Misc. 8219/2015 with a direction to the trial court to conclude the trial within six months from the date of the order, but the trial has not yet been concluded. Learned counsel for the petitioner submits that more than one and half year has lapsed and only seven witnesses have been examined.

Patna High Court Cr.Misc. No.17358 of 2016 (2) dt.07-09-2016 2/2 On the other hand, learned counsel for the informant as well as learned A.P.P. has submitted that all the material witnesses have already been examined. The Investigating Officer has also been examined. The doctor is yet to be examined. Considering the facts aforesaid and the nature of allegation and the fact that it was the petitioner who took the husband of the informant and thereafter petitioner himself disclosed that the husband of the informant was thrown away in the river where the dead body was recovered, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial of Sessions Trial No. 138/2015 arising out of Chanan P.S. Case No. 78/2014 on day-to-day basis and conclude the same within four months. The Superintendent of Police, Lakhisarai is directed to ensure the attendance of the remaining witnesses, so that the trial must be concluded within four months.

Let a copy of this order be sent through fax to the Learned District & Sessions Judge, Lakhisarai as well as S.P., Lakhisarai for information and needful.

(Prabhat Kumar Jha, J.) Vinita/- U T