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Patna High CourtCR. MISC./30979/2014disposed

Pravej @ Jamalluddin @ Pravej Alam v. The State Of Bihar

2015-07-29Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30979 of 2014 Arising Out of PS.Case No. -61 Year- 2012 Thana -MOTIHARI CITY DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pravej @ Jamalluddin @ Pravej Alam S/o Jumadin Dewan r/o vill.- Jograha, P.S.- Lakhoura, Dist.- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Narendra Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the prayer for bail of the petitioner for grant of regular bail in connection with an offence under section 384A of the Indian Penal Code has been rejected by this Court on merits without giving any observation for moving again this Court, this Court is not inclined to consider the prayer for bail of the petitioner, especially when it has been brought to the notice of this Court that the trial of the petitioner has already commenced and some witnesses including the informant have also been examined.

That being so, while the prayer for bail of the petitioner is hereby once again rejected but then the trial court is hereby directed to ensure that the trial of the petitioner is concluded within a period of six months from the date of receipt of this order.

Patna High Court Cr.Misc. No.30979 of 2014 (2) dt.29-07-2015 The Superintendent of Police, East Champaran is also directed to ensure that the remaining prosecution witnesses in connection with Motihari P.S.Case No. 61/2012 pending in the court of learned 1st Addl. Sessions Judge, Motihari, East Champaran are produced within a period of three months from today so that the trial of the petitioner is concluded in the aforesaid period of six months.

Happen the trial of the petitioner be not concluded in the aforesaid period of six months the petitioner will have the liberty to move the trial court which then will record its reason for not concluding the trial in the aforementioned period of six months, whereafter the petitioner may renew his prayer for bail before this Court.

With the aforementioned observation, this application is disposed of.

Let a copy of this order be sent not only to the trial court but also to the Superintendent of Police, Motihari for its compliance in letter and spirit.

(Mihir Kumar Jha, J) surendra/- U