Rajesh Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.15481 of 2014 (4) dt.22-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15481 of 2014 Arising Out of PS.Case No. -406 Year- 2011 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Rajesh Thakur S/O Sri Lakho Thakur At Resident Of Village Balua Tola, Dudhela, P.S. - Bihpur, District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Thakur For the Opposite Party/s : Mr. Sangeeta Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 22-07-2015 Learned counsel for the petitioner prayed for to make necessary correction in first and last paragraph of the petition. Prayer is allowed.

Perused the report.

It is horrible situation that the case is pending in the vacant court when the accused is in jail custody and when the direction was issued to expedite the trial for early disposal. However, lame excuse has been given that P.O. did not pass order for coercive step against the erring officer for non-compliance of the process issued against the witnesses.

The District & Sessions Judge, Bhagalpur, is directed to monitor the case for its disposal within six months, failing which the P.O. and the District Judge should be held responsible for non-

Patna High Court Cr.Misc. No.15481 of 2014 (4) dt.22-07-2015 disposal of the case.

Further the Superintendent of Police, Bhagalpur, is directed to take coercive steps to comply the process issued against the witnesses so that the case be disposed of within six months.

However, having regard to the fact, earlier prayer for bail of the petitioner was rejected. Hence, I am not inclined to grant bail to the petitioner.

m.p.

(Gopal Prasad, J) U T