Kamlu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7126 of 2019 Arising Out of PS. Case No.-42 Year-2011 Thana- ISLAMPUR District- Nalanda ====================================================== KAMLU RAM, son of Buttu Ram, Resident of Village - Kobil,, P.S.- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Ishwar Chandra For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 342, 307, 498A/34 of the Indian Penal Code and 3 and 4 of D.P. Act but later charge-sheet has been submitted under sections 304(B)/34 of the Indian Penal Code. The earlier bail application of the petitioner was rejected vide Annexure-3 to the present application taking into account that the petitioner is the husband of the deceased and the onus is on him to explain the cause of death. A report was called for from the Trial Court regarding the stage of the case. It has been reported that only doctor and the investigating officer are to be examined in the present case on behalf of the prosecution and the trial is likely to be

Patna High Court CR. MISC. No.7126 of 2019(3) dt.17-07-2019 2/2 concluded within a period of four months.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of four months preferably on day to day basis from the date of receipt/production of a copy of this order.

The District Magistrate, Nalanda, the Senior Superintendent of Police, Nalanda and the Civil Surgeon, Nalanda are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Nalanda, the Senior Superintendent of Police, Nalanda and the Civil Surgeon, Nalanda.

(Sudhir Singh, J) Pankaj/- U T