Rajnish Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13669 of 2017 Arising Out of PS.Case No. -24 Year- 2015 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Rajnish Ram, Son of Krishna Ram, resident of Gosain Bigha, P.S. Harnaut, District Nalanda.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Kumari Sujata Sinha, Advocate. For the Opposite Party : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 17.06.2015 in connection with Sessions Trial No. 445 of 2015, arising out of Harnaut (Chero) P.S. Case No. 24 of 2015 for the offences instituted under Sections 304(B) and 201/34 of the IPC. The accusation is of killing the daughter of the informant for non-fulfilment of dowry demand by the accused persons by pouring kerosene oil and set fire upon her.
The earlier bail application of the petitioner was rejected vide Cr. Misc. No. 20544 of 2016 dated 20.07.2016 taking into account that the petitioner is the husband of the deceased and onus
Patna High Court Cr.Misc. No.13669 of 2017 (3) dt.20-04-2017 2/3 is upon him to explain the cause of death of the deceased. A report was called for from the court below regarding the stage of the case. It has been reported that out of nine prosecution witnesses, three prosecution witnesses have already been examined and process has already been issued against the remaining prosecution witnesses and the trial is expected to be concluded within a period of one year.
Considering the aforesaid facts and circumstances and the fact is that as the trial is already in progress, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 445 of 2015, arising out of Harnaut(Chero) P.S. Case No. 24 of 2015, pending in the court of the learned A.D.J. VII, Bihar Sharif, Nalanda.
The court below is directed to take all necessary steps to expedite and conclude the trial preferably within a period of one year from the date of receipt/production of copy of the order. The District Magistrate, Nalanda and the Superintendent of Police, Nalanda are also directed to ensure that the prosecution witnesses are produced on the date fixed by the court below so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the
Patna High Court Cr.Misc. No.13669 of 2017 (3) dt.20-04-2017 3/3 District Magistrate, Nalanda and the Superintendent of Police, Nalanda.
U.K./- (Sudhir Singh, J) U T