Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35077 of 2014 Arising Out of PS.Case No. -58 Year- 2012 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Upendra Rai S/o Saryug Rai Resident of Village Bari Kothian, P.S. Mushari, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyamal Prakash, Adv For the Opposite Party/s : Mrs. Reena Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 27-08-2015 Heard learned counsel for the parties.

While this Court keeping in view its earlier order dated 08.10.2013 in Criminal Miscellaneous No. 15579 of 2013, is not inclined to grant bail to the petitioner specially when it has been informed that almost all the prosecution witnesses have been examined and only the deposition of the husband of the deceased has not been recorded.

Learned counsel then submits that the last witness on behalf of the prosecution was examined on 25.11.2013, and the case is being mechanically

Patna High Court Cr.Misc. No.35077 of 2014 (2) dt.27-08-2015 adjourned only awaiting the recording of the husband of the deceased Shambhu Sahni.

Having regard to the aforementioned submission, this Court would direct both the trial Court as well as Senior Superintendent of Police, Muzaffarpur to ensure that not only the remaining prosecution witnesses including Shambhu Sahni husband of the deceased is examined within a period of three months from the date of receipt of this order but the trial also arising out of Mushari P.S. Case No. 58 of 2012 giving rise to Sessions Trial No. 726 of 2012 is concluded within a maximum period of six months.

With the aforementioned observation and direction, this application is disposed of.

Let a copy of this order be sent to the trial Court as also to the Senior Superintendent of Police, Muzaffarpur, for its compliance in the letter and spirit. (Mihir Kumar Jha, J) Ranjan/- U