Patna High CourtCR. MISC./15108/2017rejected

Kanhaiya Pandey v. The State Of Bihar

2017-04-19Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.15108 of 2017 (2) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15108 of 2017 Arising Out of PS.Case No. -427 Year- 2013 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Kanhaiya Pandey Son of Bambam Pandey, Resident of Village- Sabikpur, P.S.+ District- Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 05.05.2016 passed in Cr. Misc. No. 12451 of 2016, on the ground that the petitioner is suffering in custody since 25.11.2015, other co-accused have been allowed bail, wife of the petitioner has committed suicide herself and in presence of the informant her dead body was cremated. The informant lodged this false case, the trial has not been concluded within nine months as per order given by this Court and as such the petitioner deserves sympathetic consideration. Up-till now only two prosecution witnesses have been examined and in near future the trial is not likely to be concluded. Learned APP opposes the prayer of bail by submitting that the petitioner is the husband and during investigation the

Patna High Court Cr.Misc. No.15108 of 2017 (2) dt.19-04-2017 informant and other witnesses have supported the prosecution version.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, let the trial be expedited and concluded as early as possible, preferably within six months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) avin/- U T