Babita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.52162 of 2014 (3) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52162 of 2014 Arising Out of PS.Case No. -137 Year- 2013 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Babita Devi, W/O Sambhu Ram, Resident of village- Gopal Bhandar Gali, Dal Patti, P.S.- Kabaiya (Lakhisarai), At P.O./District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar Sinha For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sessions Trial No. 741 of 2013 arising out of Lakhisarai (Kabaiya) P.S. Case No. 137 of 2013 registered under Sections 323, 324, 326, 307 and 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected on merit vide order dated 21.04.2014 passed in Cr. Misc. No. 41879 of 2013 by this Court and he is in custody since 24.04.2013. A report regarding the present stage of trial has been received through letter no. 5 dated 30.01.2015, from the court of Adhoc Additional District and Sessions Judge-V, Lakhisrai, which shows that evidence of only two witnesses,

Patna High Court Cr.Misc. No.52162 of 2014 (3) dt.08-04-2015 I.O., Suresh Rajak and one Sonu Kumar are yet to be examined and for appearance of Suresh Rajak, summon and warrant have been issued and also the information has been given to the S.P., Lakhisarai.

Having considered the facts and circumstances of the case, I find no ground to reconsider the prayer for bail of the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, the trial court is directed to conclude the trial of the petitioner within six months by taking all effective steps. If the trial of the petitioner is not concluded within aforesaid period of six months, the petitioner would be at liberty to renew his prayer for bail.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T