Nathuni Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54247 of 2015 Arising Out of PS.Case No. -57 Year- 2011 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Nathuni Kahar, Son of Late Gopichand Kahar, resident of Village & P.S. Dawath, District- Rohtas at Sasaram.

.... .... 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. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

On earlier two occasions the petitioner has moved before this court for bail, but the Court has not granted the same. This Court has received the report from the 7th Additional District & Sessions Judge, Rohtas at Sasaram, by which it has been informed that out of eleven witnesses six witnesses have been examined and five witnesses are yet to be examined, which includes the Investigating Officer of the case. In such view of the matter, this Court is not inclined to grant bail to the petitioner. However, the Trial Court is directed to conclude the trial as early as possible preferably within a period of nine months. The Trial Court is also directed to take coercive steps

Patna High Court Cr.Misc. No.54247 of 2015 (3) dt.12-02-2016 2/2 to issue process, if the processes not respected and witnesses are not turned up, then to take action against the erring Official for non-compliance of the processes issued by the trial Court. The Superintendent of Police, Rohtas at Sasaram, is also directed to look into the matter and ensure the production of the remaining witnesses including the Official and No-official witnesses so that the trial may be concluded within the aforesaid period. Let this order be communicated to the concerned Court below as well as the Superintendent of Police, Rohtas at Sasaram. With the aforesaid observations and directions, this application is disposed of.

(Gopal Prasad, J) pawan/- U