Kishore Sharma @ Kishore Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7295 of 2019 Arising Out of PS. Case No.-162 Year-2016 Thana- FALKA District- Katihar ====================================================== Kishore Sharma @ Kishore Kumar Sharma, Son of Late Hriday Narayan Sharma, R/o Gandhi Nagar, P.S- Kursela, District Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanchay Srivastava For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2019 Heard both sides.
Petitioner seeks bail in Falka P.S. Case No.162 of 2016, registered under Sections 363 and 365 of the Indian Penal Code. Later on the police after investigation submitted charge sheet under Sections 364 and 201 of the Indian Penal Code. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier twice rejected by order dated 24.03.2017 and 14.03.2018 passed in Cr. Misc. No10938 of 2017 and Cr. Misc. No.50819 of 2017. It is further submitted that the petitioner is in jail since 09.10.2016. The trial court was directed to expedite the trial and conclude within six months from the date of production of order dated 14.03.2018 but the trial has not yet been concluded. Three prosecution witnesses have been examined. The report of the Superintendent
Patna High Court CR. MISC. No.7295 of 2019(4) dt.10-07-2019 2/2 of Police, Katihar shows that Manju Devi, the informant of the case, is traceless and she is residing in Mumbai. Even after his best efforts, she could not be traced out and she could not be examined in court.
Taking into consideration the facts and the nature of allegations made against the petitioner and the fact that the petitioner has already remained in jail for more than 21⁄2 years and the trial has not yet been concluded, let petitioner, named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-III, Katihar in connection with Falka P.S. Case No.162 of 2016. (Prabhat Kumar Jha, J) S.KUMAR/- U T