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Patna High CourtCR. MISC./30069/2014rejected

Krishna Singh @ Tunna Singh v. The State Of Bihar

2015-10-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30069 of 2014 Arising Out of PS.Case No. -500 Year- 2013 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Krishna Singh @ Tunna Singh Son of Subash Singh resident of village Baheria, P.O. AND District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel, appearing for the informant.

Petitioner happens to be husband of the deceased, who is languishing in jail custody since 02-11-2013 in a case registered under Sections-304(B), 328, 120(B) of the Indian Penal Code.

Admittedly, deceased died within 7 years of her marriage in other than normal circumstances. There is allegation of illegal demand as well as torturing against petitioner. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his

Patna High Court Cr.Misc. No.30069 of 2014 (9) dt.27-10-2015 prayer for bail in connection with Gopalganj P.S. Case No. 500 of 2013 pending in the court of learned Chief Judicial Magistrate, Gopalganj stands rejected at least, at this stage. However, learned Chief Judicial Magistrate/concerned court, Gopalganj is directed to commit the case of the petitioner to the court of sessions in accordance with law within two weeks from the date of receipt/production of copy of this order, if, the same has not been committed, as yet and furthermore, the Sessions Court should expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within six months from the date of commitment.

It is made clear that if, the case of the petitioner has already been committed to the court of sessions, then in that event, the trial court shall conclude the trial of the petitioner within six months from the date of receipt/production of copy of this order. (Hemant Kumar Srivastava, J) A.K.V./- U T