Raushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35783 of 2015 Arising Out of PS.Case No. -443 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Raushan Singh Son of Ballam Singh, resident of village- Babhangama, P.S. + District- Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in Lakhisarai P.S.Case No. 443 of 2014 registered under Sections 302/34/120B of the Indian Penal Code, pending in the court of learned C.J.M., Lakhisarai. The allegation against the petitioner and other miscreants is of killing the husband of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.08.2014. Charge sheet has been submitted in this case. It is further submitted that merely on the basis of suspicion the petitioner has been made accused in this

Patna High Court Cr.Misc. No.35783 of 2015 (3) dt.06-10-2015 2/3 case. There is no direct evidence against the petitioner to show that he had participated in the alleged occurrence. It is further submitted on behalf of the petitioner that though the petitioner has been identified in T.I. parade but the same has got no meaning in the eye of law, as prior to putting the petitioner on T.I. parade, his photograph had been published in print media and electronic media.

On behalf of the State and counsel for the informant, it has been submitted that the petitioner was put on T.I. parade and he was identified by the informant as one of the shooter. Further it is submitted that the case has not yet been committed to the Court of Sessions for the reason that the accused person has refused to receive the police paper in compliance to provision of Section 207 Cr.P.C. and for the said reason the trial is being delayed. The petitioner is accused in eight cases. Paras 115, 137, 145, 212, 218, 403, 422 and 427 have been referred.

Considering the facts aforesaid, I am not inclined to grant bail to the petitioner and same is rejected. However, the trial court is directed to take all necessary steps for compliance of the provision of Section 207 Cr.P.C. within a period of one month from the date of receipt/production of a copy of this order and commit the case to

Patna High Court Cr.Misc. No.35783 of 2015 (3) dt.06-10-2015 3/3 the Court of Sessions. Thereafter the trial court shall take all necessary steps to frame charge in this case within a period of three months and conclude the trial within a period of another nine months.

(Sudhir Singh, J) singh/- U T