Patna High CourtCR. MISC./13942/2017rejected

Umashankar Prasad v. The State Of Bihar

2017-08-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.13942 of 2017 (4) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13942 of 2017 Arising Out of PS.Case No. -211 Year- 2013 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Umashankar Prasad, Son of Harendra Sah, Resident of VillageLaxmipur Laxumanwa, P.S.- Palanwa, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gyanendra Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02.08.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner in jail custody since 6.8.2013 in a case in which charge has been framed under sections 364, 302, 201/34 of the IPC against the petitioner and earlier prayer for bail of the petitioner was twice rejected by this court.

Learned 4th the Addl. Sessions Judge, East Champaran at Motihari vide letter no. 380 dated 20.7.2017 reported the present status of Sessions trial no. 122/2014 and it is obvious from the aforesaid report that except doctor, almost all witnesses have been examined and trial court has taken appropriate steps to procure the attendance of the concerned doctor.

Therefore, considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail and, again, his prayer for bail in connection with Session trial no. 122/2014

Patna High Court Cr.Misc. No.13942 of 2017 (4) dt.02-08-2017 arising out of Sugauli P.S. Case no. 211/2013 pending in the court of Addl. Sessions Judge IV, East Champaran at Motihari stands rejected. However, learned trial court is directed to conclude the trial of the petitioner within four months even by taking trial of the petitioner on priority basis.

Let copy of this order be sent to Superintendent of Police, East Champaran at Motihari with direction to him to ensure the presence of concerned doctor before the concerned court within one month, failing which matter shall be viewed seriously. shahid (Hemant Kumar Srivastava,J) U T