Patna High CourtCR. MISC./33106/2015rejected

Suman Mukhiya @ Soman Mukhiya v. The State Of Bihar

2015-10-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.33106 of 2015 (4) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33106 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -BHAIRABASHTHAN District- MADHUBANI ======================================================

1. Suman Mukhiya @ Soman Mukhiya Son of Panchu Mukhiya Resident of village - Naruar, P.S. Bhairabsthan, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 16.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner happens to be husband of the deceased and there is accusation that he made illegal demand from the informant and when his demand was not fulfilled, he committed murder of the deceased.

Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Bhairabsthan P.S. Case no. 54/2014 pending in the court of Addl.

Chief Judicial Magistrate, Jhanjharpur/concerned court stands rejected, at least, at this stage.

It appears from prayer portion of the petition that case of the petitioner is still pending in the court of Addl. Chief

Patna High Court Cr.Misc. No.33106 of 2015 (4) dt.16-10-2015 Judicial Magistrate, Jhanjharpur and, therefore, the concerned court is directed to commit the case of the petitioner to the court of sessions within three weeks in accordance with law from the date of receipt/production of a copy of this order and after commitment, the concerned Sessions court shall expedite the trial of the petitioner and conclude the same as early as possible, preferably, within nine months from the date of receipt of the record in sessions court.

It is made clear that if trial of the petitioner is not concluded within the above stated period of nine months, petitioner may renew his prayer for bail.

shahid (Hemant Kumar Srivastava,J) U T