Patna High CourtCR. MISC./2635/2017rejected

Md. Khurshid @ Khursid v. The State Of Bihar

2017-02-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2635 of 2017 Arising Out of PS.Case No. -63 Year- 2014 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Md. Khurshid @ Khursid Son of Moeuddin @ Mohiuddin, Resident of Village-Ekdora P.S.-Bibhutipur, Dist. Samastipur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sabal Kumar Jha, Advocate.

For the Opposite Party : Ms. Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-02-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 583 of 2015, arising out of Bibhutipur P.S. Case No. 63 of 2014, registered for the offences punishable under Section 304B of the Indian Penal Code.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 08.04.2015 and the trial court was directed to expedite the trial but the trial has not yet been concluded. Six witnesses have already been examined and they all have turned hostile. The petitioner is in jail since 04.08.2014.

Considering the facts aforesaid and the fact that the petitioner is the husband and the witnesses have stated that it was

Patna High Court Cr.Misc. No.2635 of 2017 (2) dt.22-02-2017 2/2 the petitioner who strangulated his wife to death, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within four months from the date of receipt of a copy of this order. The S.P., Samastipur is directed to ensure the presence of attendance of all the non-examined prosecution witnesses of Sessions Trial No. 583 of 2015, arising out of Bibhutipur P.S. Case No. 63 of 2014, in the court of the Additional Sessions Judge, Rosera at Samastipur, so that the trial must be concluded within four months.

Let a copy of this order be transmitted to the S.P., Samastipur for information and needful.

If the trial is not concluded within four months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J.) KKSINHA/- U T