Patna High CourtCR. MISC./48638/2015rejected

Mouli Ram v. The State Of Bihar

2015-12-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.48638 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48638 of 2015 Arising Out of PS.Case No. -250 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Mouli Ram S/o late Arjun Ram Resident of Village Jainagar Bari kabaiya P.s Kabaiya District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s Smt. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Submission on behalf of the petitioner is that only doctor has been left to be examined and almost all the witnesses including Investigating officer have already been examined. It is also pointed out by him that private witnesses, in course of trial, have not supported the prosecution story and almost all private witnesses have turned hostile.

Since only doctor has been left to be examined, I think it proper to direct the trial court to conclude the trial of the petitioner within three months from the date of receipt/production of a copy of this order and accordingly, prayer for bail of the petitioner in connection with Sessions case no. 164/2015 arising out of Kabaiya (Lakhisarai) P.S. case no. 250/2014 pending in the court of Adhoc. Addl. Sessions Judge V, Lakhisarai stands rejected.

Patna High Court Cr.Misc. No.48638 of 2015 (2) dt.16-12-2015 However, trial court must secure attendance of the concerned doctor even by issuance of non-bailable warrant against him.

Let a copy of this order be sent to Superintendent of Police, Lakhisarai with direction to him to give assistance to the trial court in procuring the attendance of the concerned doctor within the time as framed by the trial court itself.

shahid (Hemant Kumar Srivastava,J) U T